CENTRAL CRIMINAL COURT
TENTH SESSION, HELD JULY 22ND, 1901.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, Esq., K.C.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
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OYER AND TERMINER AND GAOL DELIVERY
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AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, July 22nd, 1901, and following days.
Before the Right Hon. FRANK GREEN, LORD MAYOR of the City of London; the Hon. Sir ALFRED WILLS, one of the Justices of His Majesty's High Court; Sir DAVID EVANS , K.C.M.G.; Sir GEORGE F. FAUDEL PHILLIPS, Bart., G.C.I.E.; and Lieut. Colonel Sir HORATIO DAVIES, K.C.M.G., M.P., Aldermen of the said City; Sir FORREST FULTON, K.C., Recorder of the said City; Sir JAMES THOMSON RITCHIE, Knt., GEORGE WYATT TRUSCOTT, Esq., JOHN CHARLES BELL , Esq., THOMAS VEZY STRONG, Esq., FREDERICK PRAT ALISTON, Esq., and HOWARD CARLILE MORRIS, other of the Aldermen of the said City; and ALBERT FREDERICK BOSANQUET, Esq., K.C., Common Serjeant of the said City; His Majesty's Justices of Oyer and Terminer, and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
WALTER VAUGHAN MORGAN, Esq.
JOSEPH DAVID LANGTON, Esq.
CENTRAL CRIMINAL COURT.
GREEN, MAYOR. TENTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment, denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, July 22nd, 1901.
Before Mr. Recorder.
MR. MUIR Prosecuted, and MR. COOMBES and MR. HAZEL Defended.
WALTER GEORGE SHOEBRIDGE . I am a salesman in the employment of Wyckoff, Seamans & Benedict, of 100, Gracechurch Street, the proprietors of the Remington typewriter—on June 14th the prisoner came there and presented this letter—(Dated June 14th, and signed "Hector M'Kenzie, 34, Upper Brook Street, Grosvenor Square," requesting a second-hand typewriter to be sent by the bearer on hire for a month, and promising a remittance by post.)—I do not know Dr. Mackenzie—I filled up an order on our factory at Crutched Friars, and requested the prisoner to take it there—it was in an envelope, not closed—he did not say who he was, or where he came from—the letter from Dr. Mackenzie had a printed heading.
ARTHUR CHARLES GISBOURNE . I am a typewriter mechanic, employed by Messrs. Wyckoff & Co., at 16, Crutched Friars—on June 14th the prisoner came with an order for a machine from the office at Gracechurch Street—I got one ready for him—he did not say who he was—it took 20 or 25 minutes to get it ready—I cannot swear if the order was open or closed when it was handed to me—when the machine was ready the prisoner said he would go out and get some help—it weighed about 36lb.—he only spoke about South Africa and the weather, not about his business—he went out, but I sent my porter out with the machine, to save him the trouble of coming back.
JOSEPH LUNEL . I am a porter to Messrs. Wyckoff—on June 14th I took a typewriter to Jewry Street from the works—the prisoner had gone outside to get assistance—I met him outside—I had seen him in the works—he had not spoken to me—I saw him about 50 yards from the works with two other men—I said to him, "Are you Mr. Blake, waiting for the machine?"—he said, "Yes"—I gave him my book to sign for the machine, which I gave him—he signed "C. Blake"—one of the men said, "Do you
think it is better for us to take a cab?"—I said, "You can please yourself about that"—they did not take a cab; they went off together, the prisoner carrying the machine.
The prisoner's statement before the Magistrate: "I believed the order to be perfectly genuine, and I took it and got the machine, and handed it to the man representing himself to be Dr. Mackenzie's man, who could not go to the Remington Company himself, as he had been employed there, and had had a disagreement with them. On obtaining the machine, after signing the order-book, I handed it to the man representing himself to be Dr. Mackenzie's man, and his friend, and they departed westward in a hansom. I was out of employment at the time; I was glad to earn the half-crown I received. Had I had any intent to defraud I should not have given my own name, and written it in the book."
The prisoner, in his defence, on oath, said that he met two men named Dr. Von Hartsfeld and Percy Donkin; that Donkin told him he was engaged by Dr. Mackenzie, and had to get a typewriting machine to do some work for him; that he asked him (the prisoner) to get it for him, which he did, and gave it to Donkin, who went away with the other man in a cab; and that he did not know where either of the men were.
The prisoner received a good character.
NOT GUILTY .
513. GEORGE RICHARDS PLEADED GUILTY to stealing a bicycle, a padlock, and a chain, the property of Henry William Panrucker; having been convicted of felony on June 13th, 1900. Three other convictions were proved against him. Nine months' hard labour. —
514. ANDREW WATTS (30) , to stealing a trunk containing two shirts and other articles, the property of the Great Northern Railway Company. [Pleaded guilty. See original trial image.] Nine months' hard labour. —
515. EDWARD PHILIP COLES , to stealing, whilst employed under the Post Office, a postal packet containing a knife and some Post Office orders, the property of the Postmaster-General. [Pleaded guilty. See original trial image.] Nine months' hard labour. —And
(516) WALTER HORACE PRESS (35) , to stealing, whilst employed under the Post Office, a post letter containing two postal orders for 5s. and 10s., the property of the Postmaster-General. [Pleaded guilty. See original trial image.] Nine months' hard labour.
MR. PASSMORE Prosecuted.
EDWARD TAPLIN . I am a labourer, and have been working for Mr. Flory, of Wembley—on July 8th I was in a marquee erected by him for his labourers to sleep in—about 11.30 p.m. I was asleep—I felt someone touch me; I asked who it was; I at once received a smack in the eye from the prisoner—he bit my ear—I asked the man sleeping next to me to pull the prisoner off; he done so—I went up to the master, who, next morning, sent for the police, and I charged him—the marks are on my ear now, and there is something coming up inside—I did not know the prisoner—I was sober—I cannot say if he was or not.
Cross-examined by the prisoner. I did not take you in and lay you down—I did not cut your pocket out and take 2s. out of it—I asked someone to have a game of dominoes in a public-house that night, but I do not know if it was you—I gave you into custody next morning, when you were asleep.
CORNELIUS PARRY . I am a labourer, and have been employed by Mr. Flory at Wembley—on July 8th I was in bed in the marquee—the prisoner came in about 11.30—he fell on top of my feet, which awoke me—he got into the prosecutor's bed, and would not get out; he got on top of the prosecutor, and started hitting him in the face and biting him on his ear—it was quite dark—the prosecutor shouted out, "Murder! he is biting me"—I said, "Bite him again"—I pulled prisoner off the prosecutor, who went up to the master's house—I went after him, and knocked at the back door, and awoke him up—I had never seen the prisoner before—I saw him that night, because I struck a match—when the constable came the prisoner was lying down in another part of the tent—he had no right there at all.
Cross-examined. I do not know where you had been at work—I did not ask you to lay down—2s. was not cut out of your pocket.
HENRY FLORY . I occupy this farm at Wembley—the two last witnesses had been working for me—I had a marquee put up for sleeping, about 300 yards from my house, and they slept there on the night of July 8th—they came to me about 11.30—I had gone to bed—I went down to the marquee, and found the prisoner there—I think he was pretending to be asleep on one of the men's beds—I asked him to get up—he did not make any reply till I kicked the sole of his boot—he sat up, and I went out to get a policeman—he was very abusive, and said he had every right there—he never worked for me—I had never seen him before—I got back about 1.30 without a policeman—the prisoner had gone then—at 6 a.m. I found a policeman, and we found the prisoner in one of my barns—I saw Taplin's ear; it was full of congealed blood—there was a little blood on the prisoner's lips when I woke him—Taplin was quite sober.
SAMUEL HARVEY (162 X). On the morning of July 9th I was called by the prosecutor and Mr. Flory—I went to a shed, and the prisoner was given into my charge—he said, "It is all b——lies"—he was sober—he was taken to the station.
Cross-examined. You went quietly—you did not say anything about having had 2s. taken out of your pocket till after you were charged—I did not see that your pocket was cut.
The prisoner's statement before the Magistrate: "I should not have been and gone there if I had not been took there."
Prisoner's defence: I am a cripple. I have been operated on six times I was doing a little work to get some things, so that I could go and do some public work, now my knee, which I smashed, is better.
GUILTY .—Four previous convictions were proved against him for assaults on the police.— Six months' hard labour.
MARIA MATILDA SMITH . I am the prisoners wife—we have been married about nine years—I was living with him on June 15th—we occupied the same room—about 12.30 p.m. I was asleep—he woke me up—he had a poker in his hand—he struck me several times on the head with it—he had treated me very kindly before—he was employed at Singer's,—we have no family.
BEATRICE GUY . I am married—about 1 a.m. on June 15th I was aroused by a noise—I went downstars, and tried the handle of the door; it was locked—Mrs. Smith had lived with me about seven weeks, and the prisoner not quite a month—I heard Mrs. Smith say, "Good God Almighty! he is killing me!"—the prisoner said, "Yes; say your prayers, for you will die to-night"—a gentleman came upstairs and I said, "For God's sake, get the police!"—the door was burst open, and Mrs. Smith ran out, covered with blood.
By the COURT. For about a week I had noticed that the prisoner was not right in his mind—when his wife left him he rushed after her—he flooded the lavatory with water, and he would kiss the plants—before he came to my house he had been in an asylum, but I did not know that till afterwards.
FREDERICK GODDARD (333 F). At 12.15 p.m. on June 15th I heard shouts of "Police!"—I went to 11, Powis Road—the prisoner's bedroom door was locked—I forced it open—the prosecutrix came out—there was blood on her head—the prisoner was standing in the centre of the room, with this shovel (Produced) in his hand—it had wet blood upon it—I asked him what he was doing with it—he made no answer, but dropped it and got into bed—I afterwards found a poker under the table—it was bent as it is now—it was slightly stained with blood—I took the prisoner to the station—he went quite quietly.
The prisoner's statement before the Magistrate: "I was out of work and worried, and unable to obtain work. I had been employed by the Singer Manufacturing Company for nine years, and on my health breaking down in March I was discharged with two weeks' money. That is what has brought this case about. I had no intention to inflict this injury on my wife. I thought there was someone else in the room. It was dark; there was no light."
JAMES SCOTT . I am Medical Officer at Holloway Prison—I have had the prisoner under my observation since June 15th—I am of opinion that he is of unsound mind—I have been informed that after he was discharged by the Singer Company he got into a train at Paddington without a ticket, that he was taken to the Police-station, and afterwards sent to Banstead Asylum—after he came to Holloway he declared he was bleeding to death—those ideas passed off for a time, but his conduct has been very strange of late—I think he has been of unsound mind for some time.
GUILTY of the act, but not responsible at the time for his actions. — To be detained during His Majesty's pleasure.
MR. BLACKWELL Prosecuted.
GEORGE WICKENS . I am a wheelwright, of 68, Brookdale Road, Walthamstow—about 12.4 a.m. on July 2nd I was in a public-house in Shoreditch—I saw the prisoner there—I had a new leather apron under my arm, and as I came out a woman pulled it away—I turned round and caught hold of it, and said, "That belongs to me"—Reardon struck me in the face—I walked away—the prisoners followed me, and O'Rourke knocked me down and kicked me in the face, and knocked a tooth out—I became unconscious—when I came to I fetched a constable and gave them into custody—I am quite sure they are the men who assaulted me.
Cross-examined by O'Rourke. You kicked me and robbed me besides.
GEORGE WILLIS (168 H). On July 2nd, about 12.20 a.m., the prosecutor made a complaint to me—I went with him to the White Hart public-house—he pointed the prisoners out to me—there were a number of other men there—the prosecutor was a bit dazed, and was bleeding from his nose and mouth—he looked as if he had been knocked about—he pointed to Reardon and said, "That is the man who knocked me in the nose and mouth," and, pointing to O'Rourke, he said, "That is the man who kicked me and stole 8 1/2 d. and a railway ticket out of my pocket"—on the way to the station Reardon said to the other officer, "You are not going to take me any f—further"—he became violent, and we had to have assistance—they were both very violent, and I had to throw O'Rourke to the ground—they were charged with assault.
By the COURT. We did not use more violence towards them than was necessary to get them to the station.
O'Rourke, in his defence, said that he was in the public-house, and saw a crowd near the door, and the prosecutor with his mouth bleeding; that he saw Reardon near him, and asked him what was the matter, who told him that the prosecutor had accused O'Rourke's mother of stealing a halfpenny; that he stayed in the public-house till 12.25, when he went out, and the prosecutor came up with two policemen and arrested him.
Evidence for O'Rourke.
MRS. O'ROURKE. I am O'Rourke's mother—I was standing at the door of this public-house on this night, when two women ran out—the prosecutor came out just after, and said I had stolen his apron—Reardon said that I had not got it, and told the prosecutor to let me go—he would not, and Reardon struck him in the face.
By the COURT. I did not see anything of the prosecutor being knocked down.
Cross-examined. After Reardon had struck the prosecutor I went home—I do not know what took place after I went home.
Reardon, in his defence, said that when Mrs. O'Rourke told him that the prosecutor accused her of stealing his apron, the prosecutor put his hand up; that he thought he was going to be struck, and that he hit him, but that he did not kick him, or knock him down or rob him.
GUILTY . †—Three convictions were proved against O'ROURKE, and six against REARDON.— Eighteen months' hard labour each.
NEW COURT.—Monday, July 22nd, 1901.
Before Mr. Common Serjeant.
520. MAX VON BERGEN (31), PAUL FRANCOIS (21), and ANNA ARENDT (38) , Feloniously making counterfeit coin, and having moulds for that purpose in their possession, to which VON BERGEN PLEADED GUILTY . They were again indicted for unlawfully having counterfeit coin in their possession, with intent to utter it, to which VON BERGEN and FRANCOIS PLEADED GUILTY . VON BERGEN, Five years' penal servitude; FRANCOIS, Four years' penal servitude. MR. AVORY, for the Prosecution, offered no evidence against ARENDT, NOT GUILTY .
521. HARRY WILLIAMS (56) PLEADED GUILTY to burglary in the dwelling-house of Percy Septimus Jakins, and stealing a portmanteau and other articles, his property; having been convicted at Clerkenwell on October 7th, 1899. Seven other convictions were proved against him. Five years' penal servitude. —And
(522) JOSEPH BARRY (67) , to stealing a watch and chain from the person of Manuel Garcia de la Torre, having been before convicted of misdemeanour. [Pleaded guilty. See original trial image.] Thirteen other convictions were proved against him. Three years' penal servitude.
(For other cases tried this day, see Essex Cases.)
OLD COURT.—Tuesday, July 23rd, 1901.
Before Mr. Justice Wills.
The GRAND JURY having returned no True Bill, MR. SANDS, for the Prosecution, offered no evidence on the Inquisition.— NOT GUILTY .
(For other cases tried this day, see Essex and Surrey Cases.)
NEW COURT.—Tuesday, July 23rd, 1901.
Before Mr. Recorder.
524. JAMES STORRIE ANDERSON (34) PLEADED GUILTY to forging and uttering an order for the payment of ₤6 with intent to defraud; also to obtaining from Leslie Durno a cheque for ₤30, and from Alexander Archibald a cheque for ₤6, and the sum of ₤9, with intent to defraud. MR. CHARLES MATHEWS stated that the prisoner was of weak mind, and had been in confinement, and that his friends would repay the money and send him abroad.— Judgment respited.
525. FREDERICK SMITH (52) and FREDERICK WILLIAMS (32), alias A. J. MCINTYRE , Conspiring to defraud the Saccharine Corporation of 561b. of saccharine by means of a forged order. MCINTYRE PLEADED GUILTY .
MR. SYMMONS Prosecuted, and MR. PURCELL Defended.
on May 16th, about 10.30 a.m., the prisoner Smith came and wanted a van for two or three hours to go to Bermondsey—I was not inclined to let him have it at first, but he mentioned Mr. Johnson, a publican, as a reference, and I let him have it—it had my name and address on it—I saw it again in the evening, with a sack in it which I had never seen before.
Cross-examined. I have seen the prisoner driving about for two or three years—I do not know Mr. Lambert, of Green Street, nor have I seen Smith driving his carts.
Re-examined. I have had no money for the van.
JAMES PARR . I am Secretary to the Saccharine Corporation, Limited, 165, Queen Victoria Street—on May 6th, about 5 p.m., Smith brought this order: "48 and 50, Southwark Street, the Saccharine Company, Limited. Please supply 561b. saccharine, 550. This is for a brewer's order, which must be despatched tonight"—I said, "Do you want Wright, Layman & Umney?"—he said, "Yes"—I have done business with them before, and believed the order to be genuine—I handed it to one of the employees to be executed—the trade value of the goods is ₤128 16s.
ALFRED EDWIN KNIGHT . I am a clerk to the Saccharine Corporation—Mr. Parr handed me this order to make up the goods—Smith was there with a sack—I said, "I suppose your firm is pretty busy?"—he said, "Yes, we are"—I was doing the tins up, and he said, "Don't trouble; shoot them into the sacks loose"—I said, "You can't know the value of this stuff, and your people would not like them done in any way but the regular way"—he said, "Certainly, do so"—I made them up in parcels of 14 each, and they were put into his sack, but two were afterwards taken out for the convenience of carrying—this receipt (Produced) is my writing—he said, "I cannot sign; if you will put my name to it I will put a cross"—he carried the first lot down to the van in Thames Street—I followed him, and noticed that it was not Wright & Layman's van—I noticed the name on it, and said, "It is a very funny thing that your people in Southwark Street should hire a van from Bow"—he said, "No, they do odd jobs for us, and we like to study them when we can"—he went away with the goods.
HORACE BACON . I am Secretary to Wright, Layman & Umney, wholesale druggists, of 48 and 50, Southwark Street—this order was not issued by us, neither is it on one of our forms, it is somewhat similar, but it is a forgery—these are not the initials of any person in the firm—Mackintyre was our invoice clerk for nine months, and was discharged in May, 1899—I do not know Smith—I have been there 30 years, and he was never in our employ.
HARRY JONES . I help my brother David Jones at the Alexandra Fish stores, South Hackney—Mackintyre came there with another man, not Smith, each bringing two parcels—Mackintyre asked if they might leave them there, as they were going up the road, and asked me not to knock them about, as they were tin.
I had a conversation with him—he left hurriedly—I afterwards handed the goods to the police.
HENRY COYSTON . I am carman to Mr. Goldsmith, of St. Stephen's Road, Bow—on May 16th, at 6.30 p.m., I was driving in Old Ford Road, and saw my master's van, No. 13—one man was driving it, and two were inside it—I do not recognise Smith as one.
ERNEST DENNIS . I live at 68, Ford Road, Old Ford—on May 16th., about 6.30 p.m., I saw Smith standing beside a van at the top of Ford Road—he paid, "Will you take this home for me?" and gave me 2d.—I said, "Yes"—I had a boy with me, who drove it to Mr. Goldsmith's—Smith said, "Tell the foreman I will be in in the morning"—it took about five minutes to drive there—I did not put this sack in the van.
FREDERICK HOLMES (City Detective Inspector). On June 18th, about 12.30 mid-day, I saw Smith in custody on another charge at the Old Jewry—I said, "I am a police officer; I am going to charge you with forging and uttering this order, and obtaining 561b. of saccharine, value ₤112 15s., at Queen Victoria Street"—he said, "I got it from two men; I did not know what it was, I met the two men first at the gin palace in Green Street, Bethnal Green; they asked me if I could get a horse and van; I said I thought I could, and I went to Goldsmith's, St. Stephen's Road, and got one. We drove together over the Tower Bridge, and called at several public-houses. They then gave me the order, and I went and got the stuff, and met them at the Meat Market, and drove to the Swiss Cottage beer-house, South Hackney, where the two men met me, and took the parcels out of the van, and I have never seen them since. I did not take the van home, because they gave me no money, and I had not got any to pay for it, so I got two boys to take it home"—he was charged at the station, and said, "I did not know what it was."
Cross-examined. I asked him the name of his employer—he said, "Wilkins, of Victoria Park, Hackney"—he cold me had been breaking in trotters for this man, who was a betting man—I found that he cannot read or write—I have made inquiries about him—he has never been charged before.
FREDERICK DAVIS (City Detective). I arrested Smith on June 18th at Bonner Street, Bethnal Green—I told him the charge, and mentioned saccharine—I took him to the Old Jewry—he said, "I think I know what you mean"—he gave his address.
Cross-examined. He mentioned the name of Lambert, but he gave no address.
SMITH— GUILTY .— Twelve months' hard labour Five previous convictions were proved against MACKINTYRE, and there were three other indictments against him, to which he also pleaded GUILTY.— Seven years' penal servitude.
THIRD COURT.—Tuesday, July 23rd, 1901.
Before Mr. Common Serjeant.
MR. SLADE BUTLER Prosecuted.
CORNELIUS JOSEPH DONOVAN . I am a tailor—I was living at the Victoria Coffee House, Commercial Street, on Saturday evening, June 22nd—I was in Brick Lane late in the evening—I stood to look at a crowd of about 150 persons, with one foot on the kerb and the other in the gutter—the prisoner came up on my right, and struck me with something sharp on my left jaw—it seemed to glitter very much—it cut me—he then made an attempt at my throat—he cut through my coat and shirt collar, and made a skin wound—he then cut me under my right armpit—I do not remember any more till I was having my face stitched by Dr. Goodman—I walked to the surgery.
BEN BENJAMIN . I am a cabinet maker, of 22, Montague House, Black Lion Road—on Saturday, June 22nd, between 10.30 and 11, I saw the prisoner in a crowd in Brick Lane cut the prosecutor's face with a knife or dagger—he said he would cut up anybody who came near him—the crowd opened out—someone knocked the prisoner and a friend who was with him down—the police came when the prisoner was on the ground—what he had in his hand was bigger than this pen-knife, more like a razor.
JOHN GRAHAM (307 H). On Saturday, June 22nd, about 10.45 p.m., I saw the prosecutor in Brick Lane, bleeding from his face—the crowd shouted out and pointed to the prisoner, who was on the edge of the pavement—I told him I should arrest him for stabbing Donovan—he made no reply—at the station I found this razor case and this little penknife upon him—when I was taking him to the cell he said, "I was paid off this evening. I have been robbed of ₤4"—he said he had come from a cattle boat—he had been drinking—he was sober enough to know what he was about—the prosecutor had been drinking, but was not drunk.
PERCY TRANTER GOODMAN . I practise at 75, Brick Lane—about 11 p.m. on June 22nd Donovan was brought there by the police—I found two separate incised wounds on his face in a line with one another, and extending from his left ear to his jaw—the upper cut was about 1 1/2 in., and the lower cut about 2in. long—the lower one extended to the bone of the chin, practically down the inner lining of the cheek—a sharp instrument would cause the wound, probably a razor—I put in seven stitches—he was dizzy and faint from loss of blood—I was shown a cut through the coat and shirt sleeve, and a slight superficial wound on the elbow—I think they may all have been caused by one sweeping blow.
The prisoner's statement before the Magistrate: "I never want to do anybody any harm. I had a friend with me. I do not know where he is now. I came over on the cattle boat."
The prisoner, in his defence, said that he had been paid off from a cattle boat, and had had a few drinks, when a gang of roughs shouted, "We will mob you if we don't get some money," and first one hit him and then another, till he lost his money.
GUILTY of unlawfully wounding — Twelve months' hard labour.
MESSRS. ARTHUR GILL and GUY STEPHENSON Prosecuted.
AGNES MARY KINGHORN . I manage the Yost Typewriter Company at their branch office, 303, Oxford Street—I am near-sighted—on May 3rd a man I recognised before the Magistrate as the prisoner called and asked for a catalogue of machines, and a price-list—I asked him what sort of business he wanted it for—he said, "For invoicing"—I communicated with the head office—he handed me this card: "J. M. Lewis, Picture Frame Dealer, etc., 222, New King's Road, Fulham"—the next day I recognised his voice when I was rung up on the telephone—he said he was Lewis, who called the night before, and he wanted the machine sent on that day, also a case and the bill, to the address on the card—I wrote this order to the head office for a No. 4 machine—the number, 51129, etc., was put on afterwards—I put the words at the bottom, "To be delivered to-day."
SAMUEL WECHSLER . I am manager of the Yost Typewriter Company, Limited, at their head office, 50, Holborn Viaduct—on May 3rd I received a telephonic message, and the next day this order from Kinghorn—I made out this invoice, and gave instructions for this machine, No. 51129, to be delivered at 222, New King's Road—one line is torn off the invoice, which is on other invoices, "All receipts must be on the official form of the company," and the upper and lower parts put together again—on May 15th I saw the prisoner at my office—I said, "I think you are the man I want; I was just going to put the police on to you for that machine"—he said, "I have come to settle for the typewriter; I will give you a 90 days' bill"—I said that we did not accept any bills in payment of our typewriters, and asked him to produce the machine, as I did not think that he wanted one—he said the machine was at his place at Fulham Road, or, rather, in the New King's Road, and that his wife was using it for making out invoices—he then offered to meet our traveller the next morning at 10 o'clock, when he would hand him the machine—I told him that our traveller lived close to his place, and he said he would go to our traveller the same evening to hand him the machine—I gave the prisoner our traveller's address, and wrote to the traveller—the prisoner then referred me to the London, City, and Midland Bank, and I wrote to them—I was suspicious—there is no "J. Foster" employed by the company—the money was never paid—we never received the machine back—we communicated with the police.
Cross-examined by the prisoner. As far as I remember, you offered me a bill at 30 days—90 days must be a mistake—that was on Wednesday, May 15th—I said if the reference you gave to the bank was satisfactory after you handed the machine over to our traveller, I should not mind accepting a bill at 30 days—nothing was mentioned about other references.
Re-examined. The prisoner should have paid our man at once; that not having been done, our traveller called several times—he offered the acceptance after I had communicated with the police.
book, referring to which, I find that the machine was handed to the porter, Frederick Manning, for delivery, to whom I gave this book and the machine.
FREDERICK MANNING . I am a porter of the Yost Typewriter Company—on May 4th Salmon gave me this typewriter and book—I delivered the typewriter at 222, King's Road—I gave the prisoner the envelope containing the invoice, and the name "Lewis" is his signature.
SAMUEL WALKER . I am assistant to John Frewin Branton, pawnbroker, of 228, Pentonville Road—the prisoner pledged this machine on May 4th—he produced this receipt signed: "Received per cheque, F. Foster, 3/4, 1901"—it was put with the machine, and afterwards handed to our solicitor—I did not notice any red letter line, that receipts must be on the company's form—the prisoner said when he produced it that it was his own machine, and that he had paid for it.
Cross-examined. You said you wished to pay some debts—I asked for the receipt—I made the usual inquiries—I did not notice that it was mutilated—there was no stamp paper on the back.
ALFRED COWDRON (Detective, T). On Sunday, June 2nd, I saw the prisoner at the New King's Road, Fulham—I told him I was a police officer, and should arrest him for stealing an Empire typewriting machine—he replied, "You have made a mistake; you mean my brother"—I said, "You answer the description of the man wanted"—I took him to the Police-station—he was afterwards charged—I found upon him the pawnbroker's duplicate relating to this charge—(For ₤6, in the name of M. Lewis, 222, King's Road).
GEORGE LAMBERT (Police Sergeant, T). I received this alleged receipt from Mr. Walker's manager, a pawnbroker, on June 4th—it was intact, except a rough mark where the date is, and where something has been erased, and where the red lettering appears—the stamp paper has been put on since it has been in my possession—it had not been torn—I saw the prisoner at Fulham Police-station on June 2nd—I said, "You will be charged with stealing an Empire typewriting machine, and with forging the receipt"—he said, "I bought the machine, and the receipt is not a forgery; I wrote that out myself, and it is no one's name"—at the Court the next day, while waiting to go before the Magistrate, be called me to him and said, "What do you advise me to do?"—I said, "I cannot advise you"—he said, "I had the things, and sold them; I shall plead guilty, but I did not mean to steal them; it is through betting; I had people after me for money. I got the machines, and pawned them; I wrote the receipts for them myself. I admit pawning the machines as soon as I got them; I was so hard up for money"—on June 11th he was further charged with this offence and on two other charges—in reply he said, "I did not steal the machines; I wrote for the machines myself."
Cross-examined. You did say that you were hard up, and it was all through betting, and that you were pushed for money.
FREDERICK WILLIAM ALEXANDER . I am manager to Mr. Crawley, pawnbroker, of 35, High Street, Putney—the prisoner pawned this Empire typewriter with me on March 29th for ₤5—he produced this receipt—(Read: "To Empire typewriter, received, per cheque, ₤14 16s, 6d.
—J. WEST.")—a day or two before this, when he produced the typewriter, I told him I should not be able to take it without a receipt—the invoice was torn as it is now—on May 4 th he asked for a further advance, but as I could not advance any more he redeemed the machine and took it away.
STANLEY DAVY . I am assistant to Mr. Sutton, pawnbroker, of 156, Victoria Street—the prisoner pawned at his shop this Empire typewriter on May 4th for ₤3 10s.—I asked him for a receipt, and he produced this receipt, signed—this is the duplicate.
PERCIVAL JOHNS . I am bookkeeper and cashier to the Empire Typewriter Syndicate, Limited—on March 27th I made out this invoice—the receipt is not my writing—there is no "J. West" in our office—we have never been paid for it—its value is ₤14 16s. 6d.—this invoice was posted to the prisoner.
Cross-examined. This is "Sold to J. M. Lewis, 222, New King's Road."
SAMUEL WALKER (Re-examined). I took in pledge from the prisoner on March 17th this Remington typewriter, No. 67334—I asked him for a receipt, and he produced this one: "Received by cheque ₤25 9s. 6d., 2/3/01. J. West, per E. R. Wycloff, Siemens & Benedict"—I advanced ₤2—on April 26th he came for a further advance on the machine—I advanced him another ₤4.
ALBERT STEVENS . I am cashier to the Remington Typewriter Company—this invoice was made out at our office in Gracechurch Street—we have no "J. West" in our employment—no one has been authorised to make this receipt—we have not been paid, nor got the machine back.
Cross-examined. One item is ₤3 for a small table, and the other ₤22 9s. 6d. is for the machine—the landlord held the table for rent, and asked us to purchase it—our solicitor tried to serve you with a writ.
Re-examined. When the writ was issued I was not aware that the machine had been pawned.
The prisoner, in his defence, on oath, denied that he had stated that it was through betting, or that the machine was at his office. He admitted he had written the receipts, not with a felonious intent, but to meet his debts.
GUILTY .—The JURY considered that the pawnbrokers had helped the prisoner considerably by their carelessness in taking the machines without looking properly at the receipts.— Eighteen months' hard labour.
528. GEORGE KING PLEADED GUILTY to stealing a watch and chain from the person of Morris Buckley, and to a conviction of felony at this Court in May, 1895, in the name of John Davis. Four other convictions were proved against him.— Eighteen months' hard labour.
OLD COURT.—Wednesday, July 24th, 1901.
Before Mr. Justice Wills.
(For cases tried this day see Essex, Kent and Surrey Cases.)
NEW COURT.—Wednesday, July 24th,1901.
Before Mr. Recorder.
also to stealing ₤41 3s. 10d., ₤489 19s. 2d., and ₤102 15s. 2d., of his said masters; also to embezzling cheques for ₤33 3s. 10d, ₤67 5s. 1d., and ₤13 19s. 10d., of his said masters. He received a good character, and a letter from the bank was produced pleading for a mitigation of the sentence. Eighteen months' hard labour. —
530. WILLIAM TERRY (38) , to stealing, while employed by the National Bank, limited, a cheque for ₤285; also a cheque for ₤74 9s. 8d.; also to unlawfully omitting certain entries from the books of the said bank, his masters. [Pleaded guilty. See original trial image.] He received a good character, and the bank made a similar request to that in Sounders' case. Eighteen months' hard labour. —
531. CHARLES NOBLE (50) , to making certain false entries in the ledger of the Barrow Steamship Company, his masters; also to forging and uttering a receipt for ₤500, with intent to defraud; also to forging and uttering an order for ₤5,000, with intent to defraud Charles Herbert Currey and another, his masters; also to forging and uttering an order for ₤2,000, with intent to defraud; also to stealing ₤385 18s. 6d., of C. H. Currey and another, his masters; also to eight other indictments for stealing ₤19 6s. 8d., ₤175, ₤100, ₤300, ₤37 10s., ₤37 10b., ₤500, ₤48 2s. 10d., and ₤150, of his said masters. [Pleaded guilty. See original trial image.] The prisoner's deficiencies amounted to ₤19.533. Five years' penal servitude. —
532. GEORGE HENSON (35) , to unlawfully obtaining by false pretences ₤11 from Thomas William Richardson: also to stealing four carpets, the property of Liberty & Co., Limited; also to forging and uttering a cheque for ₤40, with intent to defraud; having been convicted of misdemeanour at Spalding on October 2nd, 1898, in the name of George Gilbert. [Pleaded guilty. See original trial image.] Three years' penal servitude. —
533. WILLIAM ROUTLEDGE to robbery (but not with violence) on John West, and stealing a watch and chain, his property, and to a conviction, at Newington, on August 3rd, 1898, of obtaining money by false pretences. [Pleaded guilty. See original trial image.] Three other convictions were proved against him. Eighteen months' hard labour. —
(535) JULIAN FIELD (49) , to forging and uttering an agreement purporting to be signed by John Cood Odam, with intent to defraud. [Pleaded guilty. See original trial image.] Three months in the second division.
536. WILLIAM LANGRIDGE (55), JOSEPH ROBERT HIBBS (26), and BENJAMIN DAVIDSON , Unlawfully conspiring to obtain 30 bags of flour by false pretences; Second Count: for receiving the same. Langridge and Hibbs PLEADED GUILTY to the Second Count. LANGRIDGE received a good character. Ten months' hard labour. —HIBBS, Nine months' hard labour. MR. HUTTON, for the Prosecution, offered no evidence against DAVIDSON. NOT GUILTY .
OLD COURT.—Thursday, July 25th, 1901.
Before Mr. Justice Wills.
MR. MATHEWS and MR. A. GILL Prosecuted, and MR. CLARKE HALL
ROBERT HUDSON . I am a costermonger, of 3, Cambridge Street, Fulham—shortly before 6 a.m. on July 13th I was in Westmorland Street—I saw two men together; one was the prisoner, and the other the deceased—I did not hear anything said—I see the prisoner take an open knife out of his right-hand pocket, and deliberately stab it into the left side of the deceased's neck—he put the knife into his pocket and started walking away, as if nothing had happened—the deceased staggered across the road, and asked me to stop the prisoner—I ran after him, and shouted "Stop him!" five or six times—I did not catch him—I could have done so, but I was frightened.
—ROBERTSON (68 B). I was off duty in Westmorland Street in the early morning of July 13th—hearing shouts, I went towards the embankment, and see the deceased staggering about the roadway—I heard shouts of "Stop him!"—I then saw the prisoner walking towards me; he began to run, and ran past me—I turned and followed him—I caught him, and saw an open knife in his hand—he tried to stab me in the stomach—I parried it with my right hand and struck him with my left—I closed with him, and after a short struggle I got the knife from him—I said to him, "I am a police officer; you must go with me"—he answered, "Where?"—I took him to where the injured man was lying in Westmorland Street, who was bleeding profusely from the neck—I did my best to stop the flow of blood, and sent for a doctor—in the prisoner's presence I said to the deceased, "Who did this?"—he turned on one side and pointed to the prisoner, who was standing about two yards off, and said, "That is him that has done it; that is him that has done it"—the prisoner made no reply—I handed the prisoner over to Police-constable Astridge—shortly afterwards the doctor came.
GEORGE ASTRIDGE (264 B). The prisoner was given into my custody in Westmorland Street on the morning of July 13th—I took him to the station—on the way he said, "You have no hat, you can have mine; I have had a lot of trouble. I know I did hit him, but we never had a fight, you know. I want to go to work. Did you ever see my children? One of them did die, and one of them got drowned about twelve months ago. I suppose you will go and see my guv'nor, and tell him if he wants me to stop with him. I have had a lot of trouble"—he was very violent on the way to the station, and endeavoured to get away—at the station he complained about pains in his head—Inspector Hornsby asked him several times for his name, and he gave the name of Dotty Bill—I found this knife (Produced) on him.
Cross-examined. I do not know if Dotty Bill is the name he goes by at Crosse & Blackwell's.
CHARLES PORTER (Inspector, B). The prisoner was charged in my presence on the morning of July 13th—he was very excited and in a nervous condition—I asked him his name—at first he would not answer, then he said, "Oh, John Jones. I want to go to work."
incised punctured wound on the left side of the neck, 2 1/2 in. below the ball of the ear, and 4 1/2 in. from the middle line in front—it had penetrated into the larynx, through the carotid artery, and behind the gullet—there were two stabs—the knife had been entirely withdrawn before the second stab.
Evidence for the Defence.
ELIZABETH WAKEFIELD . I am a widow, and live at 14, Winden Mews, Shaftesbury Avenue—the prisoner lived with me from the time he was a child till he was married—when he was a child he had fits—when he was 13 he attempted to cut his throat—he complained of pains in his head—he banged his head against the wall once or twice—I remember him jumping out of a window.
AMELIA RUMLEY . I am the wife of the prisoner—we have been married 15 years—we have had four children; one was drowned last September—they are all dead—since the death of the last one he has been very melancholy—he often spoke about them—one night, when I got home from work, he was bleeding very much from a wound in his arm, and on another occasion he took poison—he did not say how he got the wound in his arm—he was very dazed—I went and saw him at Holloway—he did not know me.
WILLIAM HENRY RUMLEY . I am the prisoner's father—my own father died of brain fever in Gray's Inn Road Hospital—he went out of his mind—my wife was subject to epileptic fits—one of my daughters died of a sort of brain fever—the prisoner has been strange on several occasions—he was employed at Crosse & Blackwell's—he was called "Big Ear" and "Dotty Bill."
HENRY CHARLTON BASTIAN . I have examined the prisoner since he has been at Holloway—I heard of his whole family history, and of the three or four attempts at suicide—I have come to the conclusion that he was not of sound mind at the time he committed the act.
By the COURT. I think he had no recollection of what he had done—I think he has spoken the truth—he did not recognise his wife.
JAMES SCOTT . I am Medical Officer at Holloway Prison—I have had the prisoner under my observation since July 13th—I agree with Dr. Bastian's evidence as to the state of the prisoner's mind—during the first few days he did not seem to know what had taken place on this day.
By the COURT. I think what the prisoner says is the truth—I have had 20 years' experience of people who are really mad or are shamming.
GUILTY, but insane at the time. — To be detained during His Majesty's pleasure.
MR. GEOGHEGAN Prosecuted.
prisoner has been in my employ about three years as a clerk—on July 1st he was under notice to go, and he had a few days' holiday after July 1st—on Monday, July 8th, I went to the office as usual—among the prisoner's duties he had to keep a petty cash book—if he got any small sums paid in he had to deposit them in the bank—I called him in and questioned him as to why his petty cash book had not been made up—he said, "I have not had time"—I asked him to get it done at once—he said he had a pocket-book in which he made notes of small payments, and that it was in his coat at home—I suggested that he should go home and fetch it—I also spoke to him about some petty cash payments made to him which should have been banked—he said, "I have deposited it in the bank"—I said, "All right, then; how does it come that when I left on last Friday a note of these was not at the bank at Glasgow?"—our bank is the British Linen Bank—I had been in Glasgow the previous week—he still persisted in saying he had paid them in—I went to the London branch of the bank and made inquiries—when I came back I sent for the prisoner, and said to him, "They have no account of your paying the money in; they have been all through their books in my presence, and there is no note of it there"—he still persisted in saying that he had paid it in—I said, "How can that be, when it was not there on Friday when I left; the bank people in London say they have not got it, and here is a telegram sayiog that the house in Glasgow has npt got it"—I asked him to go down to the bank and show me the "teller" to whom he had paid the money—he said, "I refuse to go to the bank with you"—I said, "Why don't you make a clean breast of the thing and tell me all about it? I have got your salary in my pocket, and you can go; if you will square up your cash book, I will pay you a month's salary, and you can go"—he said, "I will go to-morrow; I want no salary"—I said, "Well, get your cash book squared; I can do nothing further before you do that"—my office consists of two rooms; the outer the clerks' room, the inner my private room; there is a door between them—the prisoner brought me the cash book, and I gave it to Mr. Battle, one of my clerks, to check the addition—he was in the other room—while he was doing so I was in my own room writing,—I heard my door close, and, looking up, I found the prisoner presenting a pistol at my head, with the remark, "I have got something to say to you"—I had just time to call "Battle," when he fired a shot at me; he was about three yards from me—as far as I can tell, it hit me in the head, but he fired, I believe, four times, and they came very quickly—I have the marks of three shots—there is one in my arm—I must have jumped up at the sound of the first shot, and closed with him—one shot went through the lapel of my coat, and came out at the bottom apparently, for there are cuts in my coat—this (Produced) is the shot he had in his hand—the trigger caught in the fleshy part of my hand, so could not be fired again—assistance came—the prisoner was handed over to the police, and I was taken to St. Bartholomew's Hospital—the wounds in my head have healed—a bullet is still in my arm—I have recovered now, except that I am a little bit shaky.
shots fired—I ran in, and found Mr. Gillmore and the prisoner struggling together—I went to Mr. Gillmore's assistance—one of the City police was called in, and the prisoner was arrested.
WALTER SMITH (572, City). About 4.30 p.m. on July 8th I was on duty in Cannon Street—I was called to 17, Watling Street, and found the prisoner detained—I was told in the prisoner's presence that he had shot Mr. Gillmore—I said I should take him into custody—he said, "I will go quietly; I bought it for a purpose: I was going to shoot myself, but they were too quick for me"—by "it" I think he meant the revolver—Mr. Dean, one of Mr. Gillmore's clerks, gave me this revolver—I handed it to Sergeant Hollick—I took the prisoner to the station, where he was formally charged—he made no reply to the charge.
EDWARD HOLLICK (306, City). On July 8th I was acting sergeant at the Police-station—the last witness handed me this revolver in Mr. Gillmore's office—I examined it—it is a six-chambered self-cocking revolver—four chambers were discharged—the prisoner said, "I have bought it for a purpose; I have done with it now"—it was fully loaded, four shells and two full cartridges—I picked up two bullets in Mr. Gillmore's office; they correspond with the bullets in the undischarged cartridges—another bullet was handed to me, which fell out of Mr. Gillmore's coat—on searching the prisoner I found eight other full cartridges of a similar description to those in the revolver.
HENRY GEORGE PINKER . I am House Surgeon at St. Bartholomew's Hospital—about 5 p.m. on July 8th Mr. Gillmore was brought there—he had a lacerated wound on the left side of his scalp, penetrating to the bone; a punctured wound on the left arm, with a large blood-clot beneath—there was no exit to it, showing that the bullet was still in the arm—the following day I examined the arm by the X-rays, and located the bullet—I have not been able to extract it—I cut into the arm, and searched for it for one hour and a quarter, but could not get it out—it may or may not inconvenience him—at present there in no indication that it will do any injury—if the bullet had struck him a little lower in the head it would probably have gone into his brain; I cannot say that it would have killed him.
The prisoner's statement before the Magistrate: "I do not wish to say anything; I reserve my defence, and call no witnesses."
The prisoner, in his defence, stated that he and Mr. Gillmore had been continually having stormy scenes; that he had had very distressing news from home; that it weighed on his mind, and that he must have lost his self-control and fired the shots, but that he had no intention of doing him any harm; that he fully intended to end his own life, and was carrying the pistol for that purpose.
GEORGE GILLMORE (Re-examined). I only remember one or two disagreements between the prisoner and myself; I have had to call him up for carelessness in his work, and for being late in the mornings—I never found him wrong in his accounts before to any great extent—his conduct has been fairly good, but there were many things I did not quite care for; hence my giving him notice to leave—his domestic troubles are serious; his father was very seriously ill; the prisoner got a telegram saying that his father was dying—I do not think he is dead—I am afraid he got in with
bad companions—three of the shots went off in the struggle—the prisoner seemed very depressed that day; I am afraid he had been drinking for a few days.
GUILTY on the Second Count. — Five years' penal servitude.
NEW COURT.—Thursday, July 25th, 1901.
Before Mr. Recorder.
540. LAURIE BRINDLEY (14) , Obtaining from John C. Boyd & Co. 50 yards of black silk: from William King 34 yards of tapestry: from Ernest William Pearman 100 yards of taffeta and other articles: from William Sleeman four pieces of brocade, and from James Coe 184 1/2 yards of sateen, by false pretences, with intent to defraud; and ALBERT JOHN LEWIS (24) , Receiving the name, well knowing them to have been stolen. BRINDLEY PLEADED GUILTY .
MR. ELLIOT Prosecuted, and MR. BARRETT Defended Lewis.
WALTER GUY DEBMAN . I am a salesman to J. C. Boyd & Co., general warehousemen, of Friday Street, City—I knew Brindley as City matcher to Barnes & Co., of Finchley Road, to whom we supplied goods—on June 24th Brindley came and asked me for 50 yards of black glace silk at 17 3/4 d. a yard, for Barnes & Co.—believing he came from them, I executed the order.
Cross-examined. I have never seen Lewis in our warehouse, and know nothing about him.
PERCY RICHARD FISH . I am a clerk in the entering-room of Boyd & Co.—I knew Brindley—he came into the entering-room, and I handed him the parcel of silk, for which he signed in the name of Dore, for Barnes & Co.—I did not know him in that name.
Cross-examined. He came alone—nothing was said about Lewis. William King. I am one of the firm of Redmond & Co., 21, Newgate Street—I knew Brindley as representing Barnes & Co.—on July 8th he came for 34 yards of tapestry—he gave the name of Dore, whom I knew to be a buyer for Barnes & Co.—I was induced to let him have the goods as representing Barnes & Co.—he signed the book in his own name—these are the goods (Produced).
Cross-examined. Lewis was not there, and I know nothing about him.
ERNEST WILLIAM PEARMAN . I am a warehouseman in the silk department of Campin, Lacey & Co., Watling Street—I knew Brindley at representing Barnes & Co.—on July 9th he came to me and asked for 50 yards of black tapestry at 18 3/4 d. a yard for Barnes & Co., and a piece of navy blue material at the same price—we had not the regular quality in stock, so I suggested that he should take the nearest to it on approval, which he said he would do—I then gave him 100 yards of black taffeta and 59 yards of navy, value ₤13, roughly—he came again in the afternoon and asked for a piece of foulard, with which I supplied him, value about ₤5—these are the goods I supplied.
Cross-examined. Brindley came alone—I know nothing whatever about Lewis.
him a parcel of goods, for which he signed the invoice book in the name of Dore—in the afternoon he called again, and I handed him a further parcel of goods, for which he again signed the book in the name of Dore.
WILLIAM SLEEMAN . I am an assistant to Newman, Smith & Newman, of 42, Newgate Street, upholsterers and warehousemen—I knew Brindley as representing Barnes & Co.—on July 10th he came into my department and asked for four bed spreads, value ₤1 18s.—I made up the parcel and took it to the entering-room—these are the goods (Produced).
Cross-examined. I know nothing whatever about Lewis.
WILLIAM THOMAS STREETING . I am entering clerk to Newman, Smith & Newman—on July 10th I handed Brindley the parcel of goods produced, for which he signed the invoice in the name of L. C. Manes, and went away.
Cross-examined. I have never seen Lewis.
JAMES COE . I am salesman to Hitchins & Bennett, 64, Friday Street—Barnes & Co. are customers of ours—I knew Brindley as being in their service—on July 11th I supplied him with 184 1/2 yards of sateen, value ₤3 15s. and gave him the invoice made out to Barnes & Co.
Cross-examined. I know nothing about Lewis.
EUGENE FRANK DORE . I am City matcher for Barnes & Co.—Brindley was in their employ—he left on June 23rd—the signatures of Dore in the various books produced are not mine—I did not give any authority for anybody to fetch goods on behalf of my firm or myself.
BENJAMIN HARRIS JONES . I am silk buyer to Barnes & Co.—Brindley was in their service—he left on June 23rd—he had no authority whatever to order goods for Barnes & Co. or for me, and the goods in question have never come into the possession of our firm, nor the original invoices.
Cross-examined. Brindley was with us about a month—he gave us notice to leave; had he not done so he would have been discharged on account of incompetence; we had a good reference with him.
WILLIAM LAWRENCE (Detective Sergeant). On July 12th, at 12.30 p.m., I went to the premises of Barnes & Co., with Garrett and Mr. Fish, and there saw Brindley—he made a communication to me, and we proceeded to 71A, High Road, Kilburn, which is a second-hand furniture shop—it was in charge of a man named Herbert—the name of Lewis was up over the shop—we waited till 1.30 p.m., and Lewis came in—I said to him, "We are police officers, and are going to arrest you for receiving stolen property"—he said, "Yes, I have some in my rooms"—I then went about the rooms with him, and found the articles produced; I asked him if he had any account in his books respecting this property, and he said, "No, none whatever, except a slip of paper," which he gave me, with two or three small items on it connected with this property—there were items of 5s. up to 18s. on it paid for the various articles.
By the COURT. The paper should be here; it was handed to the Magistrate's clerk at the Mansion House—it has three items on it—he said, "They are the prices I have paid for the goods"—one parcel of silk he gave 5s. for—that was Campin and Lacey's.
Cross-examined. Herbert said he was in Lewis' employ—I am almost certain the name of Lewis is up over the shop—I know he has four rooms there—he did not express any surprise at the charge—he admitted buying
certain articles of Brindley, and said, stolen or not stolen, he had paid for them—the slip of paper with the item of 5s. paid for Campin and Lacey's silk was handed in at the Mansion House—I cannot say if it is here; I have not seen it since—I have made a mistake—there was no name on the paper.
HENRY GARRET (City Detective). I went with Lawrence to Lewis' shop—I searched him, and found 17s. in money and a pocket-book containing a card-case and visiting card with Brindley's name and address on it.
FREDERICK GREENSLADE (City Detective). On July 12th I went to 5, Duke Street, Watford, and saw the prisoner Lewis' sweetheart, and received from her the parcel of silk produced, which I told her I should have to take back to the City.
LAURIE BRINDLEY (The prisoner). I am 14 years old—I went into the service of Barnes & Co. last April, and remained till June 23rd—I used to go to various City warehouses for them as a matcher—I first knew Lewis in March last—I called on him soon after I had left Barnes & Co.—he asked me what I was employed as—I told him how I used to get goods, and he asked if there was any chance of getting them now—I said I could get them, but that they would be of no use to me—he said, "If you get the goods I will buy them at a, price"—I obtained on various days all the goods which have been produced belonging to the various warehouses, and took them to him, for which he paid me various sums from 5s. upwards—in each case I destroyed the invoices.
Cross-examined. I have never been in trouble before—I have pleaded guilty without being influenced, or having any hope held out to me—I have had no conversation with Lawrence except to tell him to whom I had taken the goods—I was once sent by Barnes & Co. for some cigarette cases, and I kept two of them; that was before I had taken anything to Lewis to purchase—I say that Lewis prevailed upon me to do what was wrong respecting the silk—I did not represent to him that I was older than 14—my parents were anxious to get me out of the country.
Lewis, in his defence, on oath, stated that he did not know the goods he was buying of Brindley were being obtained by him by false pretences, but took it for granted that they came from Mrs. Brindley, who had promised to send for him whenever she desired to sell anything, and that he was carrying on a bona fide and legitimate business as a dealer in second-hand goods.
LEWIS received a good character.
GUILTY (See next case).
BRINDLEY— Twelve strokes with a birch rod, and six weeks' imprisonment with hard labour.
The prisoner, in the hearing of the JURY, stated that he was GUILTY of unlawful wounding, upon which they returned that verdict. — Three years' penal servitude.
543. JAMES OAKHAM and CHARLES PROSSER(23) PLEADED GUILTY to inflicting grievous bodily harm upon Edwin Gilham, a constable in execution of his duty. Prosser stated that he did not know that the prosecutor was a police officer, or he would not have assaulted him. A previous conviction was proved against Prosser, at West London Police Court, on April 20th, 1897, for assaulting the police. PROSSER— Twelve months' hard labour; OAKHAM.— Nine months' hard labour.
OLD COURT.—Friday, July 26th, 1901.
Before Mr. Justice Wills.
MR. MATHEWS and MR. GUY STEPHENSON Prosecuted, and MR. MUIR
JAMES SAMUEL COX . I am a steel-bar manufacturer, of 5, Talbot Street, Nottingham—I have only been there two or three months—my wife's name is Georgina Clara Cox—we were married 13 years ago, and have three children—two little girls are in London, with my father and mother, and the third at a boarding school—the eldest is 12 years old—I lived at three or four other houses in Nottingham before I went to Talbot Street—I was born at Nottingham—I was living there up to July, 1900—before that I met the prisoner—I have known him about 18 months—I believe he has lived at Nottingham for some time—he was a visitor at my house; he was a friend of mine—last July my wife went to the sea side by herself; she did not take the children with her—after that time we did not cohabit—on the Saturday before August bank holiday I saw the prisoner at Derby Station, with Mrs. Cox, in a railway carriage; I had a row with him, because she was with him—they were both very excited, and the prisoner seemed as if he had had too much to drink; he is of a very nervous sort of temperament—I tried to persuade them to come back—they did not seem as if they would, and said something about throwing themselves on the line—I thought the sooner I got them away from the station the better, and as I could not get one away without the other, I brought them both back to Nottingham in a landau—when we arrived home I tried to get the prisoner to go away, and to get Mrs. Cox to stay—she was very excited, and was going to throw herself out of the window, and take something out of a bottle—she made me very nervous—they both went away together—I said to her, "You had better come back again when you get cooler and more sensible"—I next saw the prisoner in London about April last—my wife came to Nottingham between August and April—I think it was about the end of March she stayed one night—when I saw the prisoner in London in April I did not speak to him—I knew he and Mrs. Cox were living together at 87, Elsham Road, up to the end of July—I understood he had left her three or four months before I came up to London the last time, and gone to the other side of London—I came up to London in June—I corresponded with my wife
before that, and I wrote once to the prisoner—I was very much annoyed, because I sent a telegram to my wife asking her to meet me in London, and an answer came back, signed "Georgina Moody," and I thought it was a sneer—I think it was on February 12th—I understood that in April the prisoner was not living with Mrs. Cox—I do not think I saw her after Easter till I came up to London on June 26th—I did not see the prisoner between April and June 26th—a day or two before June 26th I had a letter from my wife—I answered it, and addressed the envelope to her as "Mrs. Mossat," at 87, Elsham Road, because there was a paying guest there who knew nothing about this—on June 26th I received a telegram from my wife, and replied by telegram to her—I travelled that day from Nottingham to London, and by appointment I met her at St. Pancras Station about 1 p.m.—I went with her to the City to transact some business, and later in the afternoon went with her to Verry's Cafe in Regent Street—there we met Mr. and Mrs. Mossat—she had arranged to meet them there—I knew Mrs. Mossat before, but not Mr. Mossat—I heard the day before that they were living at 87, Elsham Road, as paying guests—we all remained at Verry's for about an hour—we had some tea, and some whisky and soda—I did not see the prisoner there—from Verry's Mrs. Cox and I went home to Elsham Road by 'bus—we dined there about 7 o'clock, and spent the evening together on the ground floor—we went to bed about 11.40, and after I had been in bed a little while I heard somebody come in at the front door—it sounded as if there was more than one person—I gathered from the sounds that they went upstairs to Mr. Mossat's room on the first floor—Mrs. Cox got up after that—our bedroom door was closed and locked—there was a little light in the room from the gas—Mrs Cox unlocked the door and went out—I think she shut the door after her—I heard her go upstairs—she was away about 10 minutes—while she was gone I put on my trousers, and went to see why she was up there—I went half way up the stairs, then I heard a door open, and I went down quickly—I heard voices upstairs, but I had not time to recognise them—I went back into my bedroom—I smoked a cigarette—I did not get into bed then—shortly afterwards Mrs. Cox came down into the bedroom—I think she closed and locked the door again—she went to bed, and after I had finished my cigarette I did the same—after we had been in bed a little time a big bang came at the door—my wife had left the room twice before this last time—that was after I had gone to bed—I went before she did—when the bang came at the door I said to Mrs. Cox, "Who is it?"—she said, "I should think it is Mr. Mossat"—she went to the door and opened it—I remained in bed—I did not hear any words from anybody—Mrs. Cox went straight out—I was listening to know why she had gone out; then I thought I heard somebody in the next room, and a kind of click like a cigarette case—the prisoner came to the door, put his hand up, and said, "You have no business here"—I said, "Oh, have not I? I thought you had been gone for weeks"—I was still in bed—he had got his head and shoulders in the room—the door was about half open—I was watching my opportunity of getting out and closing with him—I did not like to move because I was afraid of something—I had it in my head that he might shoot me—I heard Mrs. Cox coming downstairs, and
I thought, "There will be something done now;" so I thought I might close with him at once—I got out on the far side of the bed, and rushed round to close with him—Mrs. Cox rushed in on the far side of him, and a pistol was fired—I was about a yard from the prisoner then—I was hit just below the heart—nothing had been said about a revolver—I saw his arm come round this way—his hand was at his side all the time, but I could not see what was in it—I called out, "I am shot"—I still stood up; I was taking notice of having the door kept—Mrs. Cox's nightdress began to blaze, and I put it out—the prisoner stopped outside the door—my wife was squealing out for Mrs. Mossat—I stayed in the room, and put some water on my wound to ease me a bit—Mr. and Mrs. Mossat went for a doctor afterwards—our bedroom door was shut and locked immediately after I was shot—from what I remember, it was done by Mrs. Cox and myself between us—after it was closed the prisoner wanted to come in—the door was not opened—we remained inside till a doctor and a constable came—I cannot say how long the prisoner remained outside the door before he aaked to come in.
Cross-examined. I am 34 years old; I think my wife is 36—when we first became acquainted with the prisoner I think he was 21—he is an only son, living at home with his mother and stepfather—he had no knowledge of the world; he seemed very boyish—he was very nervous, indeed; a very small quantity of drink would make him very excitable—he used to come to my house a good deal at my invitation—we had a lady friend who came very frequently, both with and without her husband—I have known her since she was a little girl—her husband has not left her—he is not living at home, owing to business being very bad—they visit one another—he did not separate from her because of her relations with me—when I brought Mrs. Cox and the prisoner from Derby, and tried to persuade the prisoner to go away, the other lady was fetched—after the prisoner and Mrs. Cox went away, the other lady stayed with me, but her husband stayed too—I knew Mrs. Mossat before I came to London, but not under that name—she has been married since she has been divorced—I cannot say if there were 11 co-respondents in that suit—I think she came to my house about twice with her husband, when the prisoner was a visitor there—I also wrote to Mrs. Cox✗ in the name of Mrs. Moody when it was most important that she should have a letter direct—I cannot say what date that was—I wrote to her as Mrs. Cox, and because I was annoyed with her, I put on the envelope "Mrs. Moody, wife of James Cox"—that was not done to annoy her—when she came down and spent the night at Nottingham we spent it in the same room, because of people thinking it funny, but I never undressed—it was simply to keep up appearances—I was very startled and shocked by the wound I received—my recollection is quin✗e clear about it—I wrote this letter to the prisoner's mother after I had been shot; there is no date on it—(This stated that he was pleased to say he was going for his first drive, but that the doctor would not allow him to walk; that he was glad the prisoner had succeeded in getting out on bail, and that he hoped his sentence would be as light as possible; that he understood that the prisoner had left Mrs. Cox some weeks, and that he was, therefore, not prepared for his coming; that Mrs. Cox had been treated very badly by him, and had not received any
money from him; that he (the prisoner) had pawned her jewellery and a ring which belonged to the prosecutor, and that he would be glad if she would return the tickets by post; that he also considered she should give him some compensation for the expense and annoyance which he had been put to; that Mrs Cox was without money, and in debt, and wanted to know what allowance was going to be made for the child by her and Mr Jones; that it was impossible for Mrs Cox to go back to Nottingham; that the expenses connected with the child would be considerable, and asked where the money was to come 'from, for a woman who was practically penniless; that he (the prisoner) might have ban very well off if he had not been so foolish as to fire the revolver; that no one would be likely to come along for Mrs Cox for some time, and that she had a house on a lease for three years; that he was very short of money, business being so bad at "the halls"; that he had ₤100 worth of furniture on the easy payment system, and if the instalments were not paid it would be lost, as well as the money already paid.)—Mr. Jones is the prisoner's stepfather—I believe Mr. Moody has been divorced—the child is that with which Mrs. Cox is now pregnant—I have a couple of halls at Nottingham which are used for balls and things—this is a letter from me to my wife, dated May 23rd—(Stating that he would not, under the circumstances, come to London; that she, no doubt, would enjoy herself with the Mossats; that he might, perhaps, take a trip to France sometimes, aud that he thought she treated him very indifferently, but that it might be his imagination.)—we had made it up then—the prisoner had left her—my wife says the revolver was fired immediately the door was opened—I disagree with that entirely.
GEORGINA CLARA COX . I am the wife of the last witness, and have lately been living at 87, Elsham Road, Kensington, where I have been taking in paying guests—a Mr. and Mrs. Mossat occupied the first floor—I occupied the ground floor—the prisoner lived there from December 21st to June 26th—we passed there as Mr. and Mrs. Moody—a short time before June 20th I was in correspondence with my husband, who was living at Nottingham—on June 26th I received a telegram from him in reply to one I sent him—I told the prisoner I had telegraphed to my husband, and told him I had heard from my husband—I told him that in my own bedroom, and that he had better pack up his things and go—he packed his things up—I was not in the room while he was packing—I came down after he had finished—we then went up to Mr. Mossat's room—Mrs. Mossat was there—Mr. Mossat had gone upstairs to the bath-room—we had some whisky and soda—the prisoner said, "I will have a burst up to-day"—I was going to the station to meet my husband, and the prisoner asked if his bag might go on my Hansom; we drove together to 169, Holland Road—he had had lodgings there since the beginning of April—I lefr. him there with his box about 12.30, and I went on in the same cub to St. Pancras to meet my husband—nothing was said as to any future meeting—I met my husband, and went with him to the City on some business—in the course of the aftersoon we went to Verry's Cafe, and there met by appointment Mr. and Mrs Mossat—whilst we were there the prisoner walked in—I said something to Mr. Mossat, who got up and went over to where the prisoner was sitting—he spoke to him, and a short time after the prisoner
left—my husband and I went to 87, Elsham Road, where we had dinner about 7 p.m.—we spent the evening there together; we went to our bedroom between 11 and 11.30—the doors were both locked—there is one which leads into the drawing-room—we went to bed about 11.55—after we had been in bed a short time I heard the front door open, some people come in, and go upstairs—I got up and went out of the room after unlocking the door—I saw that the front door was left open—while the prisoner was with me he had had a key; all my guests had—he had thrown it at me that morning, but whether I had picked it up I cannot say—that is the last I saw of it—finding the front door open, I went up to the Mossats' room, where I found the prisoner—I said to him, "You ought not to be in this house; you had totter go"—he seemed to be under the influence of drink—he said, "Oh, I suppose I can have a drink with Mr. Mossat; I am his guest"—no drink was produced while I was there—I went downstairs to my bedroom, leaving the prisoner upstairs—I locked our door and went back to bed—my husband smoked a cigarette for a few minutes, and then got into bed—I then heard a bang at our bedroom door—I did not hear any other noise—we both got up—I opened the door—I saw no one there—I did not hear anything—I saw a flash, and my nightgown was set on fire—my husband said, "I am hit"—when I went to the door I opened it perhaps half, perhaps more; I should say more than half—my husband put my nightdress out—I did not see anyone go in the direction of the front door—I did not see anyone there at all except my husband—I afterwards heard someone say, "Oh, James, are you hurt?"—I think that voice came from the front drawing-room—I thought it was the prisoner's voice—after a short time a doctor and a constable came, and my husband was attended to—when I knew the prisoner I knew he had a revolver—I last saw it about a month before June 26th—it was in a small drawer in the dressing-table in my room—this (Produced) looks like it—he bought it in February, and showed it to me then—he had received a letter from my husband, and he was rather in fear of him, and he bought it for that reason—he did not say what he was going to do with it.
Cross-examined. I have seen him playing with it; he showed it to my boy—I do not know whether it was loaded or not—I do not know if he packed it with his other things—I told him he might come back to the house the day he left, and have lunch—I hoard that he came—I led my husband to believe that the prisoner and I had separated in April—I did not actually engage the room at Holland Road for the prisoner, but he asked me to go and look at it—it was my intention to separate, but he asked me not to turn him away just then—this is my letter to him of March 15th—I was very willing for him to come back to me—(This was addressed to "Dearest Cyril," and stating that she was greatly troubled at what he had said to her, but that that had made her take a final step; and that she hoped he would be happy, and that she did not expect to be treated so badly by him, for whom she had given up everything, and that she did not deserve it, considering the love she had borne him; signed "Fifi.")—I am a native of Calais—on March 12th I wrote this letter to him—(Commencing "My darling little boy," and hoping that their parting would be for the best, but that the days seemed so long without him.)—we parted on
good terms—I had not said anything to the prisoner about coming back to me after my husband had gone back to Nottingham—after June 26th I wrote this letter to the prisoner—(Saying that he had brought all the trouble on himself; that Mr. Cox had come to help her with the money he ought to have paid, and asking how she could ask her husband to occupy a room at the top of the house, especially when he thought all was over between them.)—on July 8th I wrote this letter to the prisoner's mother—(Stating that if the prisoner had helped to keep the house going she could have understood his objection to someone else taking his place; that she hoped he would get a light sentence, for everybody's sake; that she ought to be paid for the six months the prisoner was with her, considering her condition, and as her business was practically ruined, and that it was cruel of the prisoner to have done what he had done when she had been such a friend to him.)—the flash from the revolver came immediately I had opened the door—my hand was still on the door when the flash came—I think my arm was across the opening.
Re-examined. My hand was on the ledge of the door—to the best of my knowledge, my husband was in front of the wardrobe, which is immediately in front of the door.
RICHARD GROSVENOR MOSSAT . I have known the prisoner since January—I and my wife occupied a room at 87, Elsham Road, at the time of the occurrence—we went there on June 25th—on the morning of the 26th the prisoner came to my room and had a whisky and soda—Mrs. Cox was with him—I arranged to meet him in the evening—in the afternoon I went to Verry's restaurant, and met Mr. and Mrs. Cox—I saw the prisoner come in—Mrs. Cox said something to me, and I went and told him to clear out—later on I met him at his room in Holland Road, and went to a music hall with, him—we got back to Elsham Road about 12.15 a.m.—he came upstairs with me, and we had some drink—I do not think he was sober then—we had had some drink at the music hall—Mrs. Cox came upstairs to my room, and told the prisoner to go—I do not think she said why he was to go—he said he was just having a drink with me—he went two or three minutes after that—I went downstairs with him, and he left the house—I went to the door with him—I think I shut the door after him; I am not quite sure—I went upstairs and went to bed—I woke up at the report of a pistol—I went downstairs—I saw the prisoner standing in the hall, with a revolver in his hand—I did not hear him speak to anybody—I went for a doctor—I saw the prisoner taken back to the house by a constable—I did not hear anything that was said.
Cross-examined. When I asked the prisoner to come to my room and have a drink I do not remember him saying "I had better not"—up to that time he had had a good deal to drink—I did not see him with a revolver in my room—I believe the front door is very weak on the latch.
CHARLES BAINBRIDGE RANDALL . I am a registered medical practitioner—about 2 a.m. on June 27th I was called to 87, Elsham Road, where I saw the prisoner sitting on a chair in the front room—he was excited, and I thought he had been drinking—I went into the adjoining bedroom, and saw the prosecutor sitting on the bed in his shirt—he had a wound on the left of the middle line over the region of the stomach, about 2in
from the heart—I probed it, and found a ballet about lin. deep—it had been diverted, and was lying about 8in. from the place of entry on the cartilage of the ribs, on the right side—it was just such a wound as would be caused by that revolver—I cut down and removed the bullet, and then stitched up the wound—if the bullet had struck him in the heart it would probably have proved fatal—if it had entered straight it would have been a most serious wound, because it would have penetrated the abdomen—he is perfectly well now.
RICHARD BROWN (232 F). About 1.15 a.m. on June 27th I was in Russell Gardens—I met the prisoner with a revolver in his hand—he said, "I done it; I shot him"—I asked him who he had shot—he said, "Him at 87, Elsham Road"—I cautioned him—he replied, "All right, I did not mean to do it; it was done in a moment, but he should have kept away; let me see him"—I took him with another officer to 87, Elsham Road—Mrs. Cox opened the door, and I saw Mr. Cox sitting there—he said, in the prisoner's hearing, "He has shot me"—the prisoner did not say anything—I should say that the prisoner was under the influence of drink.
ARTHUR FROGLEY (2 FR). I was in charge of Notting Hill Police-station when the prisoner was brought in about 2.45 a.m. on June 27th—I cautioned him—he appeared to be treating the matter very lightly—I asked him if he understood the seriousness of the charge—he replied, "Yes, but I did not intend to hurt him; can I get bail?"
RANDOLPH PICK (Police Inspector, F). The prisoner made no reply when he was formally charged—I got this six-chambered revolver from the officer—it had five loaded cartridges in it, and one apparently recently discharged—the bullet I had from the doctor fits the revolver.
Cross-examined. The revolver is in working order.
Evidence for the Defence.
HEYDEN WHITE . I am a medical practitioner, of Nottingham—I have been the prisoner's medical attendant for some years—he is extremely excitable, and subject to fits of depression occasionally—a small quantity of drink would affect him more quickly than other persons—I saw him about a fortnight after this shooting took place—he was then in a very nervous state; his heart was acting very freebly—he has always had a feeble heart action, and I recommended him neither to smoke nor drink.
Cross-examined. I have never seen him under the influence of drink—I always looked upon him as a very sober young man till I saw him after this charge had been made.
GUILTY of unlawfully wounding. He received a good character.— Six months in the second division.
MR. GUY STEPHENSON Prosecuted.
GEORGE WILLIS EAGEN . I am manager of the Black Lion public-house, Kilburn—the deceased was employed there as potman and porter—on Monday, June 10th, about 11.30 p.m., there was a disturbance in the public bar—I went to see what it was—the deceased had been for a policeman to eject the defending parties—the prisoner was one of the parties who were
making the disturbance—the deceased came back with a policeman, who moved the prisoner on—two other men were there—I only know their nicknames—one was called Didiman Dodgan, and the other Strido—I did not see either of then strike the prisoner—nothing happened to the deceased then—the house was closed at the usual time—my other potman, Edwards, and the deceased left to go home about 12.45—I went to bed—I was aroused by the bell ringing—I looked out at the window and saw a policeman—I did not see the deceased—I went out, and then saw him close up against the house—he was unconscious—I bathed his head—he was afterwards taken to the hospital—the prisoner was sober that night—the deceased was a little under the influence of drink.
ARTHUR JOHN EDWARDS . I am a potman at the Black Lion—I left the public-house about 12.45 a.m. on June 11th with the deceased—he was a potman there, too—when we got to the corner of the house the prisoner came up to the deceased and said he had been waiting for him, and that the deceased had nearly got him locked up that night—the deceased started to run away—the prisoner followed him about 10 yards, then they both stopped, and put themselves into a fighting attitude—the prisoner hit the deceased on the left shoulder and knocked him down—that was the first blow that was struck—the deceased fell straight back, or a little bit on his side—soon after he fell I went and spoke to him—I could not get no answer from him; he was unconscious—I went for a policeman, and while I was away the prisoner went away—I propped the deceased against the house—he was taken into the public-house, and I went for a doctor—I heard nothing said by either of the men as they were beginning to fight.
WILLIAM FORDHAM . I am a painter—on the early morning of June 11th I was passing along High Road, Kilburn—I saw Edwards and the deceased come out of a public-house—I saw the prisoner go up to them—as he did so the deceased ran away for about 10 yards—the prisoner ran after him—the deceased turned round and faced the prisoner, and they both put their hands up—I saw the prisoner's arm go up, and the deceased fell on his right side.
Cross-examined by the prisoner. I did not see any blow struck.
G. W. EAGEN (Re-examined). The deceased was doing his work between the disturbance at 11.30 and 12.45, when he went out—he was all right—he was a little market merry.
WILLIAM HENRY CATON GREEN , M.R.C.S. and L.R.C.P. I am House Surgeon at St. Mary's Hospital—about 4.30 a.m. on June 11th I saw the deceased at the hospital—he had been in about an hour then—he was quite unconscious—so far as I could say then, he was suffering from the effects of alcoholism—there was at the time no sign of head injuries—shortly afterwards a swelling developed on the right side—he was trepanned—it was then found he had an extensive fracture—he never spoke, and died at 6 a.m. on June 12th—the cause of death was fracture of the skull and laceration of the brain—it was a very bad fracture—it could be caused by a fall on a stone pavement—in my opinion it would be absolutely impossible for a man to receive an injury such as this at 11.30, and have gone about his work as usual afterwards.
—I told him I was a police officer, and should take him into custody for the manslaughter of George Bignall by knocking him to the ground outside the Black Lion public-house, High Road, Kilburn, on the morning of the 11th inst.—he replied, "I suppose you know all about it?"—I said, "Yes"—he said, "That is all right, I suppose you know he was knocked down before I hit him?"—on the way to the station he said, "Do you know Didiman Dodgam?"—I said, "Yes"—he is a man known by the name of Foster—the prisoner said, "He knocked him down"—I said, "That row was at 11.30 p.m."—he replied, "That is about the time"—I took him to the Police-station—he made no reply to the charge.
HENRY FRAY . I was in the Sir Colin Campbell, which is near the Black Lion, on June 10th, about 11.30—I saw the prisoner come in; he was much the worse for drink—he was refused to be served, and walked away—he went outside—I am employed there—I shut the house up and left just before 12.30—I went towards the Lord Palmerston; then I came back, and passed the Sir Colin Campbell—I saw the prisoner leaning with his back against the wall—knowing he was the worse for drink, I said to him, "Why don't you go home?"—he said, "I am going home in a minute or two"—I wished him good night and walked away—about 11 a.m. on the 11th I saw him again—he came into the public-house, and We went and had a drink together—I said, "You have done something nice for yourself"—he said, "A good job, too"—he was laughing then—he was sober—I said, "They say the man wont come out of the hospital alive again"—he was very much upset when he thought it was the truth, and the tears came into his eyes—I said, "Was there anybody else there?"—he said, "No, only me."
HENRY OTTOWAY . I went into the Black Lion on the evening of June 10th with some others—one was named Foster, and one Strido—there was a disturbance there, and the potman fetched a policeman—the deceased was pushed on to the kerb; he fell in a sitting position—he did not seem to be hurt then—he got up all right—Foster is known as Didiman Dodgan.
The prisoner's defence: I never hit the man at all. What happened was that Bignall turned round to me; he threw his arm up, and I threw my arm up; I caught his arm, and he must have fell down. I never really hit the man.
NOT GUILTY .
MR. HUTTON Prosecuted.
GUILTY .— Three years' penal servitude.
NEW COURT.—Friday, July 26th, 1901.
Before Mr. Recorder.
MR. LUSHINGTON Prosecuted.
Henrietta Street, Covent Garden—Mr. Frank Streeter keeps an account there—on July 2nd a district messenger boy presented this open cheque dated June 1st—I refused to cash it, as it is not Mr. Streeter's signature—I communicated with him.
FRANK WILLIAM STREETER . I keep a coffee-house and dining-room near Leicester Square, and have an account at the London and County Bank, Henrietta Street—this cheque is not signed by me, but the date is my writing—I had it in my pocket for a month with only the date filled in—I lost it on Saturday, June 29th, and the bank communicated with me on Tuesday—I also lost several cancelled cheques, one of which was made out in the same name as this—I know the prisoner as a customer; he was there on the mornings of July 1st and 2nd, and sat in a compartment close to where I always hang my coat.
JOHN NEWMAN . I am a district messenger stationed in Chancery Lane—I saw the prisoner standing in a doorway in Holborn, waiting for me; I went up to him, and he gave me a letter, and told me to take it to the London and County Bank, Henrietta Street, Covent Garden, and hurry up and bring the money to him in Holborn just by the Music Hall—the envelope was sealed—I went to the bank, and gave it to a gentleman—I had to wait some time, and then a policeman gave me a money bag, which I took to Holborn—I saw the prisoner there—he said, "Are you the boy who went to the London and County Bank for me?"—I said, "Yes," and gave him the bag, and the policeman came up.
GEORGE BARR (Detective, E). I received information and made up this bag, and gave it to Newman, and followed him to Holborn—the prisoner came out of a doorway and slopped the boy, and took the bag out of his hand—I told him I was a constable, and should take him in custody for forging and uttering the cheque—he said that it was given to him by a man named Clyde in the Strand that morning—he refused to give his name and address, but said that he had joined the Army that morning as a reservist; that is true.
Prisoner's defence: The cheque was given to me by a man who told me to give it to a messenger boy, and send him with it and wait for him—I can compare my writing with the writing on the envelope; I waited for the boy two hours, and then the policeman arrested me.
J. IRETON (Re-examined). I opened the envelope, but it was thrown away; the writing on it was the same as that on the cheque—the address was the only writing on it—the cheque is an attempted imitation of the signature on the other cheque.
GUILTY of uttering. He then PLEADED GUILTY to a conviction at Lambeth on December 27th, 1900.— Twelve months' hard labour.
MR. BOYD Prosecuted.
entered the house, and I followed him, and saw him receive some money from Hillyard, without making any purchase—he put it in his trousers pocket—I finished my beer and followed him out—he came back in about a quarter of an hour, and the same thing occurred—he came again about 12 o'clock—I was waiting outside—he went in just before me, and went to the other side, with his back to the wall—I called for half a pint of ale, and put a penny on the counter—Hillyard took a handful of coppers and gave it to Brooks, and said, "Your change, Sir"—I said, "I am a police officer; I want to see what you have in your hand"—I got him outside—Gill came to my assistance—Brooks kicked me, and we all fell; 1s. 1 1/2 d. in bronze and 6d. in silver fell to the ground, and I found on him seven sixpences, two florins, and 7 1/2 d.—we took him to the station.
Cross-examined by Brooks. I saw you purchase no drink—you did not put two sixpences on the counter—you were 4ft. or 5ft. from the counter with your back to the wall—I did not take some money from your hand; it was all on the ground—when the charge was read over at the station you said, "I can prove now I came by the money."
Cross-examined by Hillyard. I can prove that Brooks did not give you two sixpences—you took the handful of copper from a table.
FREDERICK WINSLEY (Detective Sergeant, H). On July 18th, about 11 a.m., I was, with Gill, watching this public-house, not in uniform—Brooks went in, followed by Girdler—Brooks came out, walked to the bridge, took his hand out of his pocket, looked at something, and put it back—the same thing occurred again, and also a third time—I went into the public-house, and Hillyard said, "There is a row outside"—I caught hold of him, and got him into the public bar—he asked for his coat, and said, "I am going to look if you have put anything into my pocket; I know what you people are"—there was 4s. 6d. in his pocket—he said, "I hope you will get it settled to-morrow: I shall plead guilty; I have a wife and children"—I took a note of that—I understand that he is a single man.
JOHN GILL (Police Sergeant, H). I was with the sergeants in plain clothes, watching this place—I went to Girdler's assistance when he was struggling with Brooks—I told Brooks that we were police officers—he struck me on my shin, and threw some money out of his hand, and we all fell.
Cross-examined by Brooks. I did not strike you on your eye, and say, "Take that, you old scoundrel"—I did not touch your collar, but you were struggling.
Cross-examined by Hillyard. I held you on one side of the bar, and we lifted you over.
F. WINSLEY (Re-examined). We had received information, but not from the landlord—we were there for the purpose of watching.
Brooks, in his defence, stated, upon oath, that he had a glass of ale at the house at 11 o'clock, and paid for it; that he went in about 12 o'clock, and put down two sixpences on the counter, and one of the officers jumped over the bar, and he was kicked and called a scoundrel, and thrown on his back; and that it was all imagination that these officers saw him there at 11 30.
Hillyard, in his defence, said that Brooks came in and asked him if he had a shillingsworth oj coppers; that it was not necessary to go to the till for them, as they were put up in shillingsworths; that he took them and
said, "Your change, Sir," and the detectives rushed at him; that he said at the station, "Get it settled at once," but said nothing about pleading guilty.
GUILTY .—They then PLEADED GUILTY to previous convictions; Brooks at Clerkenwell on April 3rd, 1882; and Hillyard at Bow Street in 1893; and another conviction was proved against Brooks. BROOKS— Seven years' penal servitude; HILLYARD— Twelve months' hard labour.
549. WILLIAM FULLER (40) PLEADED GUILTY to unlawfully making certain false entries in the books of the National Deposit Friendly Society, his masters, also to embezzling ₤5 of his said master; also to two indictments for forging and uttering receipts for ₤8 and ₤7, with intent to defraud. He received a good character. Twelve months in the second division. —And
(550) JOHN DALEY (22), WILLIAM PRATT (37), WILLIAM LAWSON (21), ALFRED BOSTON (42), FREDERICK AUGUSTUS HARRIS (22), and HENRY PEGLER (57) , to feloniously forging and uttering certain tickets for payment of 63 workmen's cheques, with intent to defraud David Feather, Mills & Co. The prosecutors recommended Pratt to mercy. [Pleaded guilty. See original trial image.] PRATT and LAWSON— Discharged on their own recognizances; DALEY, BOSTON, HARRIS and PEGLER— Three months each in the second division.
552. THOMAS TANNER (35) , Carnally knowing Eliza Page Tanner, aged 13 years and six months; Second Count, for the attempt; Third Count, for an indecent assault. MR. HUTTON Prosecuted, and MR. BIRON Defended.— GUILTY on the Third Count. — Fifteen months' hard labour.
THIRD COURT.—Wednesday, Thursday, Friday and Saturday, July 24th, 25th, 26th and 27th, 1901.
Before Mr. Common Serjeant.
554. CHARLES SARUCO, alias WILSON (34) HERBERT SHORLAND SLATTER, alias SHORLAND (25), and GEORGE McCRAITH, alias MACK (43) , Conspiring to defraud persons unknown, who deposited money with them in connection with the Grocery and Provision Shops Association; Other Counts, for obtaining from Ruth Turner and others ₤300, ₤500, and other sums by fraud.
MESSRS. MUIR, BODKIN, A. GILL and LEICESTER Prosecuted; MR. DRAKE appeared for Saruco and Slatter, and MR. HACKNEY for McCraith.
Court—I produce the file in the bankruptcy of H. Chancellor & Co., of 19, Manchester Avenue, general merchants—the petition was filed on December 8th, 1894; the receiving order was made on January 29th, 1895; and the adjudication was on February 19th, 1895, against Charles Saruca; trading as H. Chancellor & Co.—the summary states the liabilities as ₤347, and the assets as ₤6—by bringing in a porton of a legacy a first and final dividend was paid of 3s. 0 1/2 d.—there has been no application for discharge, and no discharge—I also produce the file in the bankruptcy of George McCraith & Co., of 1, Sussex Place, Leadenhall Street, wholesale grocers, on a creditors' petition of May 1st, 1896—the receiving order was June 24th, and the adjudication June 29th, 1896—the liabilities were ₤2,020, and the assets ₤135—there was no dividend, and no discharge—I also produce the file in the bankruptcy of Herbert Shouland, on a creditors' petition of February 2nd, 1901—the receiving order is dated March 28th. and the adjudication April 26th, and is against Herbert Shorland Slatter, trading as the Grocery and Provision Shops Association—the summary shows liabilities ₤14,110, and assets ₤400—in the statement of affairs there is a list of unsecured creditors, in which I find the name of Balhachette, ₤200; and for deposits, Jenkins, ₤50; Mrs. A. M. King, ₤50; and W. Latham, ₤70—the unsecured creditors are brought out at ₤2,876 18s.—among 35 creditors, partly secured, are for deposits, Miss Turner, ₤2,250; Mrs. H. A. Grimley, ₤900; Mrs. Maggie Mitchell, ₤300; and H. Venn, ₤l00; the total is ₤11,233 8s. 5d.—amongst the particulars of securities are several charges on each of various shops at Lewisham Road, Woodgrange Road, Harrow, and other places—434, Harrow Road and 136, Woodgrange Road are each charged eight times over, and 6, Salisbury Pavement six times over, to different people, and each of the shops, as well as the offices at 147, Oxford Street, and at Rosebery House, 8, Bream's Buildings, are set out as having rent due in respect of them, the amount of rent owing being ₤405—among the preferential creditors I find the names of eight local authorities, who claim for rates in respect of the eight shops, and of seven persons who claim wages—the total costs of seven of the eight shops are set out at ₤960, and they are estimated to realise ₤660, including the leases, goodwill and fixtures.
Cross-examined by MR. DRAKE. The Official Receiver, Mr. Pope, had the account books, and his representative, Mr. Knight, is here
RUTH TURNER . I am single, and live at Inverawe, Branksome Avenue, Bournemouth, with Miss Florence Elizabeth Campbell, who is an invalid—we are engaged in philanthropic work at Bournemouth—in August, 1899, I saw this advertisement in the Daily Graphic: "All those seeking sound and profitable investments should write to, or call upon, the Secretary of the Grocery and Provision Shops Association, 147, Oxford Street, London, W. Deposits in small or large sums received, bearing interest at the rate of 26 percent. per annum (10s. a week for every ₤100 invested). Capital fully secured. Withdrawable at 60 days' notice"—I wrote, and received this reply, that a charge, prepared by their solicitors, would be given on the shops, giving further particulars, and enclosing a similar prospectus to this—(This contained a picture of one of the shops, and stated that the head office was at 147, Oxford Street, and the warehouse at
Old Shades Wharf, Upper Thames Street; that the secretary was H. Shorland; that the company was not registered under the Companies Act; that the depositors became simply creditors, and incurred no liability, according to Counsel's opinion set out; that as the capital was subscribed, the interest would be reduced from 26 to 10 percent., but that would not affect the present depositors; that among the staff were gentlemen who had been in the trade 10 or 12 years, having vast experience, knowing the best brands;. that two inspectors were employed to find suitable sites; that for the fitting and stocking of each shop ₤150 to ₤200 had been laid out; that in some cases ₤400 had been paid for goodwill, which brought in weekly returns of ₤100 and more,)—I read the prospectus and a typewritten document of Press opinions—believing they were real, I sent a cheque for ₤300 to the association on September 13th or 14th, and received this reply—(Stating that, as the association had only been in existence since April, there was no balance-sheet, but the capital was unlimited; that their buyer, Mr. Mack, had 20 to 30 years' experience, and that the depositors would always receive 26 percent, interest.)—I got this receipt, dated September 26th, for my cheque, which should have been dated September 25th—I also received this deposit note, which undertakes to pay the interest and to repay the deposit to my "accessor, executor, or assignee"—I did not understand the word "accessor"—the letter stated that the solicitors, Bennett and Leaver, had been instructed to send security duly stamped—on October 1st I received in this letter a cheque for ₤1 10s. interest for the week, and the next day the letter enclosing the charge on the shop, 43, Turnpike Lane, a notice that the interest had been reduced to 15 percent., but that that would not affect me—the charge was signed, "H. Shorland," and witnessed by "J. B. Wilson"—I received my interest regularly up to the end of the year—I came to London, and saw Shorland at 147, Oxford Street—he spoke of the association as a business well established and fairly prosperous—in January 7, 1900, I sent another ₤125 to the same address, and again ₤75, and received the acknowledgments produced, and a statement that the cashier, Mr. J. B. Wilson, expected the accountants would have the balance-sheet ready at the end of the month—I received this charge on the Turnpike Lane shop for my ₤125, and in the letter of February 23rd this balance-sheet, which showed that ₤2,000 had been spent on shops and goodwill, and the letter stated that the results showed that the association were justified in still further enlarging the scope of the business, and they wished to give the original depositors an opportunity of sharing the success—the stock, fixtures, and fittings were valued at ₤1,831 5s. 9d., the leases at ₤2,100; the liability to depositors and interest were stated to be ₤4,985 1s., outstanding charges ₤473 17s. 1d., bills payable ₤263 5s. 2d., and the "surplus, being proprietors' capital," ₤62, 107 12s. 1d.—it is signed "J. Paxton Clarkson, F.S.A.A."—I believed it was an honest balance-sheet, issued in the usual way—on February 28th I received a further charge for my ₤75 on 33, Lewisham Road, and on March 13th, 1900, I sent a further ₤100, and received the acknowledgments produced, and stating that the association banked at the nearest convenient banks to the shops—in April I was called on the telephone, and recognised Shorland's voice—he had spoken to me about
giving a charge on his life assurance for security in case of his death—I afterwards received this letter, stating that the risk of investing in the association was practically reduced to nil—I never heard the amount of the insurance, nor of the policy expiring six months afterwards—I next received a Daily Telegraph in a halfpenny wrapper, with this paragraph marked, "The Grocery and Provision Shops Association balance-sheet and summary of assets and liabilities on January 20th last show that assets exceed liabilities by ₤2,107, after paying depositors. interest at the rate of 15 to 17 1/2 percent, per annum"—about June 18th I sent a further cheque for ₤100, and received the receipt and deposit note, and this letter, stating that if I put in another ₤500 for a year certain, the association would allow me 28 percent, per annum interest on all my deposits—that induced me on July 3rd to send another ₤500—in reply I received the document produced, including a deposit note for ₤1,200, the amount I had deposited up to that time—that cancelled the previous notes—I had told Shorland that the object of my investments was to increase my income, in order to assist Miss Campbell and myself in our work at Bournemouth of helping others, and on July 4th I received his cheque for five guineas in a letter, which stated, "I trust you will find other people willing to help you in so good a cause"—the cheque was honoured—on July 24th I forwarded another sum of ₤250, and received the usual papers, with a receipt to myself and Miss Campbell—in September, 1900, I came to London—I found 147, Oxford Street upset—a general moving was taking place—on my second visit, in the afternoon, I saw Shorland—he told me that the business and the workers were increasing, and as they required larger premises they were going; to Bream's Buildings, Chancery Lane, and he gave me a paper with the new address—later, at Bream's Buildings, he told me that they thought of taking a banker's licence, because the bankers took three days to collect, and cheques were dishonoured, because they would not send across the road to get the money—he showed me a book of cheques like these produced, headed—("Head Office: Rosebery House, 8, Bream's Buildings, Chancery Lane, E.C.")—in November I sent ₤400, and received these acknowledgments produced and a price list—at the end of December I received a cheque for ₤12 2s. 4d.—it was dishonoured, but I subsequently received a P.O.O. for the amount—that was the last payment of interest—I received another cheque, but not for interest—I had several cheques on the new form—I asked shorland through the telephone why the interest had not been sent, and remonstrated, in the interest of the association as well as my own, about cheques being returned—he gave an explanation, which I cannot remember—on January 11th I again came to London—I saw Shorland at Bream's Buildings—as he came in his first expression was, "I have very bad news for you; we shall not be able to pay you any interest till the beginning of February"—he said the business had been overstocked for Christmas, and they had not paid cash in the usual way for stock, and were using the money coming in to pay off the debt—I suggested that he should send me provisions instead, and he made a list of what I wanted, and promised on that Friday to send them on the Monday—they did not some—I called again at Bream's Buildings on January 25th—McCraith, whom Shorland always spoke of as Mack, came in—I
complained of the extreme inconvenience of the money not coming in weekly, as I expected it, and had made provision for it—he said he would say nothing, as he was only a hireling, or some such expression, hut that he would take down my statement and show it to Shorland, who was unwell and unable to be at the office—I asked him how the business was progressing; he said that it was fair—I received this letter, signed "G. McCraith," stating that Shorland must not be worried about business, his temperature being exceedingly high, also two days later another letter, stating that Shorland was still indisposed, apologising for the provisions not being sent, and stating that they would be forwarded, but owing to withdrawals they were extremely short of cash—this is signed "Yours truly, for H. Shorland, G. McC." about that time I consulted Mr. Symons, a solicitor at Bournemouth—I received this letter from Shorland. enclosing security for the ₤800 I had paid in November, apologising for the delay, and stating that he was going to form a limited liability company, and that he would forward deeds to-morrow—after that I came to Bream's Buildings, and showed him that the deed was unstamped—he said he would get it done, and deliver it to me before I left in the evening, and that it was "Mack's" fault—later I got it—it was stamped with a ₤1 stamp—I asked Shorland howmany depositors there were—he said, "Fortyfour"—I asked Mack about the association's liabilities, and he said they were ₤510 or ₤100 for stock or rent; that I was the largest creditor, and should be considered accordingly—I asked him how the deposits had been used—he said some of it in paying off other depositors, who were taking out their money, and the rest in the business, but he could not say how—Shorland said that owing to the writ that had been served at the instigation of my solicitor, he had not been able to go on with the new company, but he would call a meeting of depositors to consider the matter, as to whether he should be declared a bankrupt or form a company; that if he was declared a bankrupt we should get nothing, but if he formed a company we should get debenture stock, and that I should stop the writ, as it had not been served upon him—I suggested that we should go to the solicitor's office together, and that he should state what he had stated to me as to the condition of the business—he said, "No; if I go they will serve the writ at once upon me"—I made an appointment later on to meet him at the office of Mr. Painter, a solicitor whom I had substituted for Mr. Symons, who had called at Bream's Buildings, but Shorland said he had not given his name, and that Mr. Pugh would know all about the formation of the company and the, work of the association better than himself—Pugh, he said, was manager to Messrs. Crocker—I wrote this letter of March 14th, 1901, to Shorland, and received his reply of March 16th, 1901—(One letter was signed "Ruth Turner" to "Dear Mr. Shorland," and expressed sympathy with him in his business difficulties, and stated she had not heard since the interview with the solicitors how matters stood, and, among other religious consolation, recommended him to trust in Jehovah; the reply was signed, "Herbert Shorland," and was addressed "My dear Miss Turner," and stated that her kind and sympathetic letter was a real comfort to him; it continued: "You have not heard from me, as there is nothing fresh to let you know; the moment I can give you any information I will write
you. As regards the writ you have issued Against me, as you are probably aware, the solicitors are going; on with this matter. I should like to know if this is by your instructions, as, of course, you can understand that while this is hanging over my head I cannot possibly do anything as regards the company. Let us hope that God may help and guide us all, and, with His help, and my best endeavours, everything will end all right.")—the amount parted with by Miss Campbell and myself by way of deposits was ₤2,250—I have only been paid the interest I have stated.
Cross-examined by MR. DRAKE. I consulted Miss Campbell—I met Slatter in the street on February 15th—possibly I saw him a dozen times—I had the addresses of shops; some I found were not in existence—not till I received his last letter did I know that the thing was a fraud.
Cross-examined by MR. HACKNEY. I understood Shorland always to say that he leaned upon Mack in everything—once he said, "I would stake my life on Mack"—I asked to see Mr. Mack, who, I believed, took Shorland's place when he was not there—I believed he was the confidential clerk—I had seen him in the office, but only had that one interview—I addressed him in the only letter I wrote him as Mr. Mack, and I received a letter from him as McCraith.
ALFRED ARTHUR THOMAS . I am the manager of the Co-operative Wine Association at, and the owners of, 147, Oxford Street—in May, 1899, Shorland (Slatter) and Wilson (Saruco) called on me about the first floor, which was to let—I received replies from the references they gave in the name of Fuller and a Co-operative company, signed Hardinge—I accepted Shorland as a tenant at ₤160 a year on those references—this is the agreement for three years from May 26th—they took possession within a fortnight, and "The Grocery and Provision Shops Association" was put up—I have on many occasions seen the prisoners there, and a Mr. Rogers once or twice—I applied for rent at Midsummer, 1899. and afterwards put in the bailiffs, Messrs. Wright and Odell, and it was paid up till June, 1900—in June Saruco, or Wilson as I knew him, said that he had been advised to leave the premises, as he believed the police had information which he thought had come through me or through my association, and we arranged that he should vacate the premises there and then, provided he paid ₤80 for the surrender of the agreement—at the end of September I went for my holiday, and when I came back on October 5th or 6th they had gone—I knew they were going to 8, Bream's Buildings—I instructed my solicitors to take proceedings for the rent—I never got it, nor the ₤80
Cross-examined by MR. DRAKE. I cannot say whether they paid ₤295—they were fairly good tenants—the payment of ₤80 was Wilson's suggestion—I was asked questions as to payments from Bream's Buildings, and answered them in a fair way—I cannot swear whether I knew they were going to Bream's Buildings before I went for my holiday—they did not leave that address on the door—the first week a clerk called for letters—that brings to my mind that I did not know where they were going—the application for references is how I traced them.
Cross-examined by MR. HACKNEY. I saw McCraith shortly after the business was opened.
698 GREEN, Mayor.
MAGGIE MITCHELL . I am a widow, staying at Ludgate Hill—last year I was living at Hopewell, in Dumbartonshire—I saw in the Scotsman or the Glasgow Herald an advertisement in reference to the Grocery and Provision Shops Association, and wrote for and received a prospectus like this produced, and a pamphlet of Press notices like this, in a letter initialled "G. M."—(This was prefaced: "In introducing this brochure to our correspondents we deem it necessary to state by way of explanation that these favourable notices have been given us upon copies of our prospectuses sent for criticism to the Press. In no instances have the editors been paid for these notices, and in only two or three instances are we advertising in the columns of the papers which have reviewed our system of investment," and promising to answer all inquiries.)—I believed the notices were real, and had not been inserted by the defendants themselves, and on July 14th I sent ₤200 for deposit—I received this receipt, signed "John B. Wilson, Cashier to the Grocery and Provision Shop Association," thin deposit note, and a letter of July 14th, saying that the security deed would be sent in a week or two, and that interest would be allowed, and everything done to safeguard the capital of their clients—I received this letter of October 17th, enclosing this, which I believed was a genuine deed, securing ₤200 on 33, Lewisbam Road—I received the letter, signed "H. Shorland, Secretary," promising an extra 5 percent on any further money invested, and the letter of October 29th, stating, "We beg to enclose cheque for interest due," but no cheque was enclosed, and a letter of November 30th enclosing cheque for ₤13 for interest—on November 9th I sent another ₤100, and received similar papers from Shorland, and the letter, stating that the interest would be 31 1/2 percent.—about December 17th I received another letter, promising another 3 percent., and sent ₤300—I only received the ₤13, and no interest after December.
Cross-examined by MR. DRAKE. I was in London last year—I did not visit the prisoners—the prospectus contained a list of shops—I did not visit them.
ELI GRIMSLEY . I lived at Southend in November, 1899, when I answered an advertisement in the Daily Mail about the Grocery and Provision Shops Association, of 147, Oxford Street, like this one produced—I got a prospectus and booklet of Press opinions, and, believing the statements, I sent a cheque on December 12th for ₤200—on February 1st,. 1900, I received a printed circular and letter, stating that the association had decided that money deposited should bear interest from, the date it cornea to hand to the date it is returned, which was contrary to the prospectus, which states that capital invested ceases to bear interest from the date of the notice of withdrawal—I received a balance-sheet, and believed it was true, and was signed by Mr. Paxton, a chartered accountant, in consequence of which on March 21st I sent a cheque for another ₤500—I received the deposit note, also a copy of the Daily Telegraph, which I have not kept—it had a paragraph, which I saw at the Police-court—after seeing that paragraph I sent another ₤100, and in August another ₤100, altogether ₤900, for which I received a deposit note—in September I received a cheque for interest without a signature—I came to Bream's Buildings—I saw a lad, and
afterwards Wilson (Saruco)—my note is October 16th—after wards I saw Shorland—I received a cheque for ₤ 25 7s. 8d. for interest, which was duly honoured—in November I received another cheque for ₤13 10s., which was dishonoured—I consulted Mr. Tolhurst, a solicitor at Southend, who got anoter payment—I received this letter of January 11th, 1901, that there were negotiations as to forming a limited liability company, and asking for an answer to a former letter which I had received; and saw Shorland at Bream's Buildings by appointment—he told me his business was going into the stores company, Limited; that he was to have a seat on the board and £600 a year; that he would look after my interest, and the back payments would be paid on March 15th, 1901—McCraith came in, and Shorland went and talked to him, and then came and said to me, "That is a fine fellow, that is"—I did not get my dividends—I wrote him a strong letter about March 10th, demanding payment, and about the new company—I had no reply, and on March 21st I took out a county court summons for eight days for distress—that went astray, owing to Shorland's name being omitted—I next received a notice to attend the bankruptcy meeting—I never got back my money.
Cross-examined by MR. DRAKE. I have no business—I was a schoolmaster I had no suspicion till towards the end, when the dividends did not come, and I went to Bream's Buildings when he was moving—I saw Shorland and Saruco about October 16th—I found that shops existed, and that Old Shades Wharf was shut up, and that they had a telephone—I went and saw the shop at 84, High Street, Hornsey—I saw the manager—I asked him how the business was going, and he said it was going on all right, and was doing very well, and there seemed to be a very good stock of goods—I was satisfied—I saw Shorland chiefly.
Cross-examined by MR. HACKNEY. I saw McCraith at 147, Oxford Street—I did not speak to him—he was helping three men to moves safe downstairs, and had his jacket and hat off.
Re-examined. That was after I had parted with my money in 1900, or the beginning of 1901 was not satisfied—I should have asked him if the rent had been paid if I had known.
HARRY VENN . I am a billiard marker at the Charing Cross Hotel—about the end of 1889, in consequence of seeing an advertisement, I called at 147, Oxford Street—I asked Shorland how long the Grocery and provision Shops Association had been established—he said only nine or ten months, and that they had eight shops—I saw the prospectus, the book of Press cuttings, and cousel's opinion that depositors were not liable and only creditors—I took ₤50 in cash and notes, and paid it to Shorland—I received the deposit note and the receipt—I belived the statements in the prospectus—on Febraury 28th I received this letter, enclosing the balance-sheet—(This was singned "H. Shorland" and stated that ₤2,000 had been spent in new shops, which were the most valuable assets of the association, as the results justified, and that although the interest would be reduced that would not apply to old depositors.)—I belived the balance sheet had been sent out with the knowledge and approval of Mr. Paxton, F.S.A.A., as it purports to be singed by him—I next read the financial paragraph from the Daily Telegraph—I received the charge on parchment on 33, Lewisham Road, purporting to secure my ₤50—I was induced to
deposit another ₤50, which I personally paid to Wilson—I received this letter from Shorland, that to further safeguard the interests of investors, he had insured his life in the Sun Fire Office, so that their risks would be reduced to nil—I was paid interest every month on ₤50—l received ₤12—then Shorland asked me to wait till February—on the 23rd I called at Bream's Buildings and saw McCraith—I asked him if I could see Shorland—he told me he was out—I went soon afterwards to 44, Hammer-smith Road, and found the shop closed—then I went to 33, Lewisham Road—I again called at Bream's Buildings—I asked McCraith if all the shops were closed—he said, "No"—I asked for Shorland—McCraith said he was out—McCraith appeared to be in charge—I went four or five times, and saw nobody else there.
Cross-examined by MR. DRAKE. The addresses of the shops were not pointed out to me in December—a prospectus was sent to me, which contained the addresses of the shops—I gave my address as Charing Cross Hotel—I did not say what I was—I had been in London four years—I did not visit the shops till February, and then I did not call in—Shorland never told me that the business was not paying.
Cross-examined by MR. HACKNEY. I paid nothing to McCraith—he was never doing anything but walking about or sitting.
HARRY PEARSON . I am a medical practitioner, of Honeywell Road Wandsworth—when I saw Richard Bull Foote he was suffering from either tonsilitis or diphtheria, at his address, 106, Salcott Road—he will not be able to travel for a week.
ELIAS BOWYER (Police Sergeant). I was present at the Police-court, when Foote gave his evidence—all the defendants were present, and had opportunity of cross-examining him—(Foote's Deposition read: "RICHARD ROBERT POWELL FOOTE. I live at 106, Salcot Road, Wandsworth. I am a clerk. In June, 1899, through an advertisement, I went to 147, Oxford Street, where I saw Shorland and Wilson. I was engaged as clerk. I was set to typewriting prospectuses, letters, and extracts from newspapers. After I had been at the place a few days I saw McCraith there. He came to the office regularly. I understood he was the provision buyer. His re'ations with the other defendants seemed to be those of master and servant. McCraith had to do what he was told; his position was that of a servant. I made a statement in April which is shown to me; in it said he appeared to be a partner; I said so because he was more friendly with Shorland and Wilson than other employees. The three used to go out together. No one else went out with Wilson and Shorland except Mr. Lewsey. I remained with them till January, 1901; ₤2 15s. wages was due to me when I left. I applied to both Shorland and Wilson for it. I received the letter (Produced), No. 153, from Wilson. When I applied to Shorland he told me to apply to Wilson. I never got the ₤2 15s. Cross-examined for McCraith: Sergeant Bower and Detective West were present when I made my statement. It was not suggested to me that he was a partner; I said he was a partner, as far as being friendly went. There was no one else to go with Wilson and Shorland but Lewsey. I never went out with them. I never asked McCraith for my wages, as I did not think he could give them me. I think I saw McCraith there the first week I was there, but am not certain. I had the office to myself
before McCraith came. I cannot recollect how long I was alone; it may have been several weeks. In August a lady typewriter came. I believe McCraith came six or seven weeks before she came. Shorland or Wilson used to pay me. I was paid sometimes through McCraith. Re-examined: When the three defendants were out, and were wanted, I used to go and fetch them from the Green Man public-house. I have seen them all drinking together there.")—(The letter referred to in this deposition was from J. B. Wilson, and promised payment as soon as matters improved).
AMY MARIA KING . I live at 6, Bishops' Mansions, Fulham—I am single, and a governess—in October, 1900, I received a prospectus; I read it, and spoke to Mr. Balhachet, of Fulham—I wrote to the association, and received another prospectus, when the address had changed from Oxford Street to Bream's Buildings, and the interest paid is 17 1/4 percent., instead of being filled in ink as 10 to 14 percent.—I believed the statements in that prospectus and in Shorland's letter, of February 15th, 1901, which was initialled "G. M.," that the association was carrying on a prosperous and genuine business—(To this prospectus was added in manuscript: "N.B.—Those who invest now before the amalgamation of this company with the Stores Company, Limited, will have greater security. Preference shares or debenture notes will be given depositors, so that they get a first claim on those societies.")—I sent this cheque for ₤50 in this letter, and received the receipt and the deposit note—I never received any interest, not any part of the principal back.
Cross-examined by MR. DRAKE. I have known Balhachet a good many years—I did not know he was connected with the association till I saw his name on the prospectus—I believe the note on it is his writing—I thought it was a safe thing, and sent ₤50 because be was in it—I never spoke to him but once.
ERNEST ANTHONY STEVENS . I am managing clerk to Martin & Nicholson, solicitors, 29, Queen Street, City—in October, 1900, I received instructions from the Incorporated Wine Association to recover a quarter's rent, for offices at 147, Oxford Street—I issued a writ against Herbert Shorland—on November 6th he entered an appearance in the name of Herbert Shorland Slatter, by Bennett and Leaver—on November 29th I got judgment for ₤43 15s. rent and costs, making the total ₤58 7s. 10d., under an order of Mr. Justice Day—we applied under Order 14, giving the defendant leave to defend—he set up the defence that we had not given him quiet possession—he was ordered to pay the amount into Court—he never did defend—then we issued a bankruptcy notice against Slatter—I endeavoured to serve it on him through January—I went to Bream's Buildings repeatedly to find him; three or four times a week—I did not find him—I saw McCraith—I asked him whether Shorland was in—he said, "No"—then we wrote making an appointment, which Shorland did not keep—McCraith said "Shorland is not up to-day," or that he expected him—we issued a bankruptcy notice by registered letter—we got an order for substituted service—in January we got judgment for another quater's rent and ₤7 costs, making a total of ₤105 7s. l0d.—none of it has been paid.
Cross-examined by MR. DRAKE. The rent I sued for was to September, 1900.
GEORGE SEWELL . I am manager to Jones, Laing & Co, estate agents, 27, Chancery Lane, who had the letting of 8, Bream's Buildings, in 1900—the prisoner Shorland Slatter became tenant of half the ground floor at ₤200 a year from Michaelmas, 1900—he went in immediately—I found he used our name as a reference to the Union Bank without our authority—after December 25th I called for the rent—I saw McCraith principally—I have seen Shorland there—I had received four references; one of July 30th, 1900, was from Rogers and Rogers, of Old Shades Wharf; another of August 1st, 1900, was from Bennett and Leaver, solicitors—(These stated that Rogers and Rogers had done considerable business with Shorland entirely to their satisfaction, and that Bennett and Leaver found him respectable, and that he had paid their costs.)—we distrained for the Christmas rent, and Shorland paid a portion of it to the brokers, and for the rest they sold a portion of the furniture—at Lady Day the premises were unoccupied, without any notice—we had let them for three years—we did not get paid—I called from time to time for the rent—I told Mr. McCraith that I had heard that an execution was in their place at Bream's Buildings—he said, Yes, they were hard times, but in a short time those claims would be paid off—I saw Shorland once there, and he called on me several times afterwards.
Cross-examined by MR. DRAKE. The other references came from Mr. Spearing, of Great Queen Street, and from Mr. Thomas, of 147, Oxford Street—I communicated with them—Shorland said that Thomas was his landlord—his reply was satisfactory.
GERALD ARTHUR . I am an advertising agent at Effingham House, Arundel Street, Strand—in 1898 I advertised for the London Co-operative Cab Company—in May, 1899, I received a communication from the Grocery and Provision Shops Association—I called at 147, Oxford Street—I saw Shorland and Wilson—they mentioned what I was doing for the Cab Company, and that they wished me to do some advertising on similar lines, and showed me an advertisement they wished me to put in the newspapers—the advertisement in the paper produced, has the Cab Company's advertisement immediately above it—they gave me a bank reference, and one to Mr. Findlay, of 3, Old Shades Wharf, and a third reference to the Cab Company, who said they did not know them—I was satisfied with the other references, and put advertisements in newspapers in England, Scotland, Ireland, and the British b——les, till November 19th, 1900, for which I was paid ₤960 4s. 2d.—the amount due after that time is ₤74 9s. 4d—the first order (Produced) is dated June 2nd, 1899—the advertisement for the Times did not appear one day, and we received a telephone asking the reason; we telephoned through to the Times, and they said they could not put it in any longer, and were surprised at our sending such an advertisement to them—I communicated that to Shorland—the Daily Telegraph stopped suddenly—I communicated with them, and they said they had received complaints, and did not intend to put in any more of that sort—the Telegraph stopped the advertisements in two or three months, and the Times in about a month—Paxton is our accountant—I introduced him to the defendants
after they asked me if I knew of a good accountant—I saw sometimes one of the defendants and sometimes another.
Cross-examined by MR. DRAKE. I had met Saruco casually before the advertisement arrangements—I have met Findlay since at the Grocers' Exhibition, about December, 1899—I last saw him about six months ago—I met him casually, I cannot tell you where—I did not visit the shops—I knew they existed—they did not pay the ₤74, in consequence of the shops being shut up.
Cross-examined by MR. HACKNEY. I never had any instructions from McCraith—I understood he was the buyer.
Re-examined. I believe the shops were going on in November, 1900.
ALFRED BRAITHWAITE EMANUEL . I am a journalist, of 60, Cornwall Road, Bayswater—I know Saruco and Slatter—having seen the advertisement about the Grocery Association, I saw them at 147, Oxford Street—I keep a list of investors—I compiled the list—I supplied 200 names to the defendants, Wilson and Slatter in May last year in typewriting, at 147, Oxford Street, for circularising purposes on the instructions contained in the letter of July 10th, 1899, signed "H. Shorland, Secretary"—for that I was paid one guinea—through writing for the Press I get inquiries from investors—I told Wilson and Slatter that I was in a position, if they showed bona fides, to give them editorial Press notices, and I supplied them with a list of newspapers in which I was able to insert notices—I got the necessary information from them about the Grocery Association—I was shown several prospectuses and photographs of shops, and on those I prepared notices which were printed and circulated in, I think, ten newspapers, including the Anglo-Saxon, the Court Circular, the United Service Gazette, and some provincial papers—those notices were extracted and reprinted in this little book, copies of which were given to me once by Wilson, and on another occasion by a lad-I saw them at the offices of the Association several times—I wrote the preface, including the words, "In no instance have the editors been paid for these notices, and only in two or three instances are we advertising in the columns of the papers which have reviewed our system of investment"—that is correct—for writing the Press notices I received ten guineas—the preface is absolutely true—the notices were written and sent accompanied by a prospectus—I am not responsible for this part of the preface—I had nothing to do with writing: "In conclusion, we think that these opinions of the Press embody every salient feature of our prospectus"—later I got a copy of the signed and printed balance sheet, upon which I wrote the notice in the Daily Telegraph—I did not ask to see the original, I never do when dealing with respectable people—Wilson ordered of me 1,000 of the copies of the Daily Telegraph containing the notice—the office had only 200—I sent those to the binders—on a subsequent day I got another 600, all that could be obtained—they were delivered to the binders—I received nothing for the notice—I made 15s. or 16s., the difference between the trade and the 1d.—as the outcome of my suggestion that they should publish a paper called the Domestic Journal, which I was to edit, a dummy copy was prepared—in it were tales—it never appeared—I was told to say nothing about the Association—Wilson told me that he had some friction with the accountant over
demands for premiums, and I introduced him to Mr. Oxborough—Mr. Clarkson would not allow his name to be published—as far as I remember, his words were that he had friction after the balance-sheet was signed, and he wanted someone else to go over the accounts and figures, and endorse them in some way.
Cross-examined by MR. DRAKE. I sent out circular letters offering to supply promoters and others with names of people, who had written for advice on investments—I am not an outside broker—I got my information from the defendants—it is absurd to say it came from my own brain—I had nothing to do with Truth, nor with writing articles condemning the shops—the prisoners said that business was not good—Wilson told me there were persons trying to blackmail them—the shops looked flourishing, and the windows very nice.
Cross-examined by MR. HACKNEY. On 50 occasions I saw Wilson and Shorland, usually from 10 to 10.30 a.m.—I saw McCraith—I had nothing to do with him.
Cross-examined by MR. DRAKE. I was first employed in May, 1899—I worked for them up to December, 1900—I principally did letter and note paper headings—referring to the ledgers, I did 25,000 notices at 8s. 6d. a 1,000, ₤10 12s. 6d., and about 5,000 or less price lists in 1899—I have seen the Hammersmith shop from the top of a 'bus—I was paid promptly, about ₤200 in the two years.
Cross-examined by MR. HACKNEY. I never received any orders from McCraith—I always regarded him as a servant.
SIDNEY BAXTER BENNETT . I am one of the firm of Bennett and Leaver, solicitors, Moorgate Street—Mr. Pugh was, and is, my managing clerk—the firm acted as solicitors for Wilson and Shorland—I received this letter, signed by Shorland, of August 18th, 1899—(Instructions to draw a form of charge.)—I replied by this letter of August 19th—(Stating that they could not make a title without the deposit of the lease, and that it was doubtful whether the fixtures would pass under such a document as the prisoners proposed.)—I then sent this letter of August 21st—(Suggesting that the charge should take the form of a declaration of trust, with a covenant to repay, etc.)—I believe they purchased 44, Hammersmith Road, from the former tenant, Mr. Berry—we next received their letter of August 21st—(This stated: "We fail to see the difficulties you put"; "We respectfully submit to you that you are to act for us, and not for the investors," and that a document containing the items mentioned would answer the purpose, subject to alterations and legal expressions which in the solicitors' judgment might be necessary.)—I then prepared this charge—I told the prisoners that the bill of sale must be registered, and pointed out by letter the objections to the charge as a security—referring to my bill of costs, which I dictated, I see the only interview I had with Wilson was on August 18th, 1899—he said that the capital of the association was to be ₤5,000; that ₤2,000 belonged to him and Shorland, the rest being on deposit—I gave no authority to put the name of our firm on the prospectus—when my attention was called to it I wrote the letter produced, objecting to it, and declining to allow its continuance;
then I received a letter from Mrs. Scholefield, from Yorkshire, with reference to the Association's business—then I wrote to the secretary, and enclosed Mrs. Scholefield's letter, which asked whether her security for ₤100 was in our possession—again, on September 14th, I wrote to the secretary, "Notwithstanding our previous letters to you on the subject, we see you are still issuing prospectuses with our names appearing," and asking for explanation—I received Shorland's reply, expressing surprise at the objection, but promising not to continue the name on the new prospectus—on December 12th I wrote this letter, declining to act further as the solicitor of the Association—I received this reply, regretting our decision, and hoping that, pending other arrangements, we should continue to act—Pugh was never managing clerk to Mr. Crocker—Crocker is not a partner—we are registered creditors for ₤173 costs in Shorland's bankruptcy.
Cross-examined by MR. DRAKE. Pugh entered our service 11 or 12 years ago—the Association was introduced through Pugh & Arthur—a day or two after seeing Wilson I saw Shorland—I entered that part in my diary—it is not here; I will produce it—I sent in my first bill of costs for ₤90 or ₤100 in March last year—that has been paid—I never gave authority for our names to be on the prospectus—Pugh managed the business when he came from his holiday—he denies giving my authority; he had no power to do so.
JOHN PAXTON CLARKSON . I am a Fellow of the Society of Auditors and Accountants—I practise at 5, Bishopsgate Street—through Fitzgerald Arthur I got to know Wilson and Shorland—in October, 1899, I received their instructions to prepare a balance-sheet of the Association—I began the work in January, 1900—I examined the books—they were very badly kept, and not written up—Wilson said that he wanted a statement showing the amounts due to the depositors and other creditors, and the cash at the bank and the book debts, including stock, fixtures, till list, goodwill, and so forth—I made out some schedules which, when filled up, would give the information—I received them filled up—on February 16th I wrote this letter to Wilson, enclosing draft of figures, and asking for information as to bills ₤187 9s. and book debts ₤93 15s.—on. February 21st I wrote again—I sent a draft statement, showing assets, cash at bank, ₤141 13s. 9d.; book debts, ₤304 6s. 1d.; stock, ₤1,198 14s. 3d. (I got the figures from Wilson for the schedule); fixtures and fittings, ₤1,831 5s. 9d.; London office furniture, etc., ₤253 15s. 6d.; leases, ₤2,100; and goodwill, ₤1,000, I also obtained from Wilson—the liabilities were, "To sundry creditors, depositors and interest accrued, ₤1,985 1s.," from the books as the total amount deposited to January 20th, 1900; then creditors on open account and for outstanding charges, ₤473 17s. 1d., I got partly from the books and partly from statements sent in by creditors—bills payable, ₤263 5s. 2d. was in the books—that left the surplus of assets over liabilities, ₤2, 107 12s. 1d., and I wrote at the bottom: "I have prepared the above statement from the books and particulars furnished to me; I have agreed the correctness of the cash at bankers and in hand; the value of the remaining assets have been furnished to me by the Association's employees"—as sent in, that statement was not signed—between February 21st and 28tb I had a conversation with Shorland,
in consequence of which I wrote him this letter, requesting that no statement bearing my signature should be issued until it was signed by me—on March 5th, from something that came to my knowledge, I wrote Shorland this letter, objecting to the issue of the statement purporting to be signed, and requesting its withdrawal and the return of any moneys received under it—I received this reply of March 7th, expressing surprise, and requesting that I should not interfere, as he saw no reason why the balance-sheet should not be signed—I received 130 certificates, first of the book debts, signed by Wilson, next of the stock in hand at the warehouse and at the wharf, signed by Wilson and Mack, and of the stock in London, being eight items of stocks at various shops, of the value of the fixtures and utensils at the shops, amounting to ₤1,831 5s. 9d., signed by Wilson and Mack, of the furniture at the London office, of the value of the leases, and of the value of the goodwill of seven shops ₤2,000, all signed by Wilson—₤5,722 represents all known liabilities on January 20th, 1900—to Shorland's letter of March 7th I replied that I had consulted my solicitor, and declined to continue to act professionally for him—a little later I saw the paragraph in the Daily Telegraph, in which it was stated that the profit to the Association was ₤2,107, and I brought an action for an injunction against Wilson and Shorland jointly, and my costs were paid—no part of my memorandum is on the printed balance sheet—I made a list of the depositors' names; they number 138.
Cross-examined by MR. DRAKE. The usual books were handed to me, but no invoices—I wrote, and obtained statements from creditors—the money paid by depositors had gone through the books—these are the five pass books (Produced)—I was asked to give them a system of book-keeping, and I commenced a set of books for them—I ought to have had accounts from the individual shops—this draft balance-sheet is my writing, except the red and blue pencil alterations—I prepared it in black ink—the leases item is here altered from ₤1,100 to ₤2,100, and the goodwill, ₤3,110 to ₤2,000—what I put in ink I got from Wilson—on February 15th I asked for another statement—on February 22nd, 1900, I wrote, "The statement may be taken as signed, subject to obtaining the certificates referred to"—I wanted certificates and information—I say now I gave no authority for my signature—I was paid ₤40 for my work—the defendants gave an undertaking to my solicitor not to issue any more balance-sheets with ray name on.
Cross-examined by MR. HACKNEY. I knew McCraith was a buyer—I regarded him as an employee—I attached importance to McCraith's signature as regards stock.
Re-examined. The printed document which I prepared and sent in was a summary of assets and liabilities only—with the exception of the cash at bank and the book debts, the whole of the assets were taken from Wilson—I could not verify the figures—I did not take out the figures for the profit and loss account, nor for the outgoings—when I said the statement might be taken as signed I meant subject to the reservation in my note—if the books show ₤120 paid to me, that is not true.
and went to 147, Oxford Street—I saw him subsequently at my office in Temple Avenue—at 147, Oxford Street I saw Shorland and Wilson—they said they required certificates as to the surplus in their business—they showed me the two printed documents produced—I examined the statement of assets and liabilities—I told them I should require to know how the assets were made up, and I would attend their office the following morning at eleven—I attended, and endeavoured to verify the documents from the books—the result is disclosed in this letter of May 23rd, 1900—(This stated: "We can neither support the figures contained in the printed statement referred to, nor see any justification for placing such misleading figures before the investing public"; and recommending the abandonment of the figures and the bringing the accounts to date in an unattackable form, and concluded: "We make no claim for or small services.")—They offered me ₤25.
Cross-examined by MR. DRAKE. I spent about four hours on the books—that extended over two days—the prisoners produced books and vouchers—the balance-sheet purported to be to January 20th, 1900—I received their letter of terms for the work—I was promised work which would bring me in about ₤100 a year, and was introduced by letter to Mr. Greenfield, and afterwards to the prisoners.
Re-examined. I was to go over Mr. Clarkson's work, and to show that these accounts were fit to be sent out for investors.
THOMAS THEODORE HUMPHREY . I am a clerk to Mr. Beaver, of Devereux Chambers, solicitor to the owner of 84, High Street, Hornsey—. a lease of ₤40, rising to ₤50, and then to ₤70, was granted to Mr. Lewsey, of those premises, for 7, 14, or 21 years—that lease was assigned in September, 1899, to Shorland—one reference was to Mr. J. Findlay—the answer was that Shorland was capable of undertaking the responsibility of those premises—the rent was payable quarterly in advance—only the rent to Christmas was paid, ₤12 10s.—in September Mr. Beaver issued a writ for the year's rent—I got a judgment for ₤50 and costs, and nothing was realised—in December, 1900, I filed a bankruptcy petition against Shorland—that was dismissed in Febrary this year, and on February 14th I received ₤30 for rent and ₤29 for costs from Saruco—we recovered possession of the premises.
GEORGE EDWIN LEWSEY . I am a grocer, of White Post Lane, manor Park—I knew Shorland in 1897—in consequence of a letter in 1899 I went to 147, Oxford Street, and saw Shorland about my grocer's shop at 84, High Street, Hornsey—he offered to buy, and I agreed to sell for ₤300 the goodwill, lease and fixtures, and the stock at a valuation—there was about ₤300 worth of stock—Wilson asked me to run the stock as low as possible, so that when the day for payment came there would not be much more than ₤100—the purchase was completed on September 18th or 19th—Mr. Bury's representative and McCraith valued the stock at ₤149 19s. 8d.—I received ₤300, the balance of the purchase—Wilson asked me if I would remain as inspector and deposit ₤100—I agreed—I received a cheque for ₤149 19s. 8d. from Shorland, and gave him a cheque for ₤ 100—my cheque was met; his was returned marked "Refer to drawer," but they took it up the same week—at the expiration of my six months' agreement in March they gave me ₤20, and two months later another
₤20, and in another two months another ₤20—when I left in October, 1900, the balance owing me, ₤25, I sued for—as inspector my duties were to collect moneys at the shops every Monday morning, and pay the wages—the balance I banked or paid to Shorland at 147, Oxford Street—McCraith was called the buyer—he was friendly with Wilson and Shorland—the three together used to go out on business and pleasure to the Green Man public-house, round the corner, in Berwick Street, quite close to 147, Oxford Street—when they stayed to lunch they stayed three-quarters of an hour—they used to go to the Frascati Restaurant together—I have been there—up to Christmas, 1899, the seven shops did fairly well—after that they dropped off, the stock ran short, and the managers used to buy as they could, or go without.
Cross-examined by MR. DRAKE. I met Slatter in the market prior to 1899—I had been in business before on my own account, and had had considerable experience—I was at Hornsey Road altogether 21 months—I started with ₤3 a week and expenses, and when I left I had ₤4 a week and expenses—I also received a commission—when I left they owed me three weeks' wages—I purchased from Henderson & Liddell, Pinks, Harrison's—I had to give Findlay's name as the buyer—I saw Findlay frequently—I went to Old Shades Wharf two or three times—these are some of the invoices—I ordered grocery goods, and Saruco, senior, used to check them—at the end McCraith used to visit Dawes Road, Fulham—Kelly used to go to Balham and Hammersmith, and Lewisham Road Saruco, senior, used to collect for—I collected at Hornsey and Forest Gate—I repeatedly told Wilson that the stock was short, gave him a list, and asked for money to purchase stock, bat I could never get it—they asked me, and I made out the tea advertisement bill.
Cross-examined by MR. HACKNEY. I sued in the Westminster County Court—I do not think I said that money was also due to McCraith—McCraith was a confidential servant, with duties in the office; mine were outside—I am a Freemason; so is Slatter—I went to his wedding in September—he asked me to introduce him to my lodge, and I did—Shorland and Wilson asked me to play at billiards, but I could not play, and they gave me 60 points in 100—McCraith gave orders to the clerk that the books were to be kept from my knowledge, and they were locked up—this signature is Shorland's writing—the letter is initialled by a clerk—(This was a notice to McCraith that his services would not be required after Saturday next; dated August 1st, 1900.)
Re-examined. McCraith was at Bream's Buildings when I left—I was there the Friday before I left on the Monday in October—I am an unsecured creditor for ₤45, but that is with costs—I have seen Findlay's name up at the Old Shades, but not Rogers'—Findlay is a wholesale grocer—I have not seen him for 12 months.
WILLIAM REES JENKINS . I am a grocer, of 38, Clarendon Road, b——lington—in 1899 I answered an advertisement in the Grocer newspaper, and received this offer from Wilson to act as grocer's manager at 36s a week, and deposit ₤50—at an interview with Wilson and Shorland as to wages, Mack said, "Perhaps Mr. Shorland will raise them to ₤2 a week"—Shorland said, "Yes"—Shorland afterwards wrote: "The inquiry in the Grocer, per 'Alpha,' should it come from you, you cannot do better than
address your inquiries to us"—I had sent an inquiry, and signed it "Alpha," as I wanted to know about the company before entering their employment—I agreed to manage the grocery and provision shop at 84, High Street, Hornsey, deposited ₤50, and received this receipt, signed "J. B. Wilson, Cashier"—I went there on November 30th—the stock was very good at first—the following October a distress was put in or withdrawn—in February or March the stock began to get less—it was delivered by a carman—at the termination of my agreement for 12 months in November, 1900, I gave notice to Shorland to leave, and for the return of my deposit and payment of my 13 weeks' salary, ₤24 or ₤26—he said they were going to turn the association into a limited liability company, and that I should be paid every penny—he asked me to be a director—I had complained several times of the state of the stock—three or four executions had been put in—I received this letter on April 20th, 1900: "MR. JENKINS,—Be good enough to buy whatever you require this week, and oblige, Yours truly, G. MACK"—then I bought out of the takings—I also received this letter of April 25th—(A similar letter signed "G. Mack.")—I left on February 28th—I lived on the premises till I got my money—the shop was closed—after receiving this, "Dear Sir,—Mr. Shorland asks me to write you, saying the Stores Company has gone through, and he would like to know how many debentures or shares you will take up.—H. SHORLAND, G. M." I went to the office, and saw Shorland and Mack—Shorland said everything was all right; the Stores, Limited, Liability Company had taken over the business—when I was living at 84, High Street, Hornsey, McCraith was living at 43, Turnpike Lane, close by—once he came to collect instead of Lewsey.
Cross-examined by MR. DRAKE. I have been a grocer all my life, principally on my own account—15 per cent. is an average profit on the turnover—I had ₤2 a week, and my rooms and light—the shop was going well when I went there.
Cross-examined by MR. HACKNEY. I understood that Mack was the buyer, and that he was writing for Shorland—he lived over one of the association shops.
HENRY GEORGE TROUGHTON . I am one of the firm of Grubb & Troughton, 52, Lincoln's Inn Fields, solicitors for the estate of Baron Baretto—No. 44, Hammersmith Road, is part of that estate—in September, 1899, a lease was granted to a Mr. Kelly, and was transferred in August, 1899, to H. Shorland, as secretary of the Grocery and Provision Shops Association: I granted the licence for the transfer to Shorland, who represented himself as the proprietor—he became the tenant—there was no default in the rent till Michaelmas, 1900—a distress was put in—the rent was ₤90 a year—we realised only ₤4—I issued a writ, dated February 25th, 190, to recover possession—I got judgment dated March 6th, and got possession in March.
ROBERT WAYLING . I am an estate agent, of 100, St. John's Road, Deptford—I am agent for 33, Lewisham Road; Mr. Robert Curzy is the owner—that house was leased in April, 1896, at ₤33 a year, and in 1899 the assignment to Herbert Shorland was agreed to by the landlord—it was opened as a grocery shop—it had been in the hands of a wholesale association,
before it was assigned over to these people—the first rent was paid by cheque direct to the owner—I applied in October for the September quarter—I was not paid—I put in a distress—I applied in January for the Christmas rent—it was not paid—there was a sale, and I was paid out by parties representing the Receiver in bankruptcy—no rent has been paid to me subsequently to Christmas—we have recovered possession—I received the keys from the Official Receiver.
ALFRED GRACE . I am one of the firm of Herbert & Edward Lea—we were agents for 6, Salisbury Pavement—in June, 1900, I let the shop to Shorland—he took over the lease from the previous tenant, who had become insolvent—the rent was ₤80 a year—the transfer was in October, 1899—no rent has been paid since June, 1900—I distrained, but realised nothing.
RICHARD GEORGE PUTNAM . I act as agent for the owners of 137, Woodgrange Road, Forest Gate—up to November, 1899, Mr. Hitchcock was tenant—he had a grocery and provision business—in November, 1899, his lease was assigned to Shorland at ₤80 a year rent—the first quarter was paid to me by the solicitor out of the purchase money—the next quarter I had some difficulty; I wrote to Shorland; it was paid a few weeks before the following quarter day, Midsummer, 1900—I got a cheque, which came back dishonoured; then I received ₤13 10s. from him, and the rest was sent me in cash by the prisoner Mack—we were not paid up to date—he brought me ₤10—a distraint was put in for someone else—I put in a claim against the execution in March, 1901, and was paid ₤30—I have recovered possession.
WILLIAM LATHAM . I was engaged by the Grocery and Provision Shops Association as inspector first, and as manager of 84, High Street, Hornsey, in September, 1899—I remained there about two months; I was then transferred to 137, Woodgrange Road—I deposited ₤70 with the Association—this is the receipt—(This receipt was for instalments of ₤50 and ₤20, the full amount being ₤100.)—the Woodgrange shop was well stocked—the stock declined after Christmas, 1899—that year I gave notice to leave; that notice expired on October 31st—I told Shorland I should expect to have my cash returned—I got this cheque for ₤70, in payment of my deposit, it is post-dated December 29th, on December 6th—I paid it into the bank; it came back marked "Refer to drawer"—I never received any part of my ₤70 back—my wages were paid up to January this year—I remained till March—the association owed me ₤23 for wages—I left Woodgrange on March 14th, when the shop fixtures were sold by the Sheriff of Essex—I remained on the premises, on behalf of the landlord—we closed the shop on the Saturday previous to March 14th—the sale was on the Thursday—there had been several distresses and executions before that—in August, September, and October, 1900, as fast as one went out another came in—I went to Bream's Buildings to tell the defendants about the distresses, and to get my money back—I saw Shorland and Mack—Mack said that Shorland was not there, or would be there, or that he was coming back presently.
Cross-examined by MR. DRAKE. I have been a grocer all my life—the gross profits are from 18 to 20 per cent. on the turnover, which might be two or three times a year—the takings at Woodgrange averaged ₤25
to ₤30 a week—my wages were two guineas a week; I had rooms in addition—I kept books; I left them in the office—every week I rendered a statement to Lewsey, the inspector—the business increased—in March or April I asked Slatter if he was not afraid of the police.
Cross-examined by MR. HACKNEY. I bought stock out of the takings when McCraith was not there—I saw a typewriter—she gave me the same answers.
Re-examined. This is my letter of October 6th, 1899—(Complaining that there was not sufficient stock.)
PATRICK GALWAY COSTELLOE SHAW . I am a solicitor, of Old Serjeants' Inn—I act for the owner of Market Parade, Balham—our agents let that house on October 4th, 1899, to Shorland, a ₤120 a year—the rent was paid to Michaelmas, 1900, when I had to is ue a writ—I got a judgment for ₤30, with costs—I issued execution on 44, Hammersmith Road, 6, Salisbury Pavement, and 33, Lewisham Road—these were eventually paid—the next rent, to Christmas, 1900, was not paid—I took proceedings, and got judgment, but nothing else—I heard that there were bankruptcy proceedings.
FREDERICK GEORGE KELLY . I am a provision dealer—I formerly had a shop at 44, Hammersmith Road—I failed, and compounded with my creditors in July, 1899, Oscar Bury acting as receiver—we sold the shop to the Grocery and Provision Shops Association—McCraith called, and said he was sent by the association to look round, and if the shop was suitable they might purchase it—I mentioned ₤50 as the price—he said he would report the matter—in the result, the goodwill and fixtures were sold to the association for ₤50, and the stock at a valuation—at the end of that year I was engaged as manager of 3, Market Parade, Balham—I went in about the middle of December—the stock was fairly good, but in March and April it was short, and we had about three distresses in—the shop was closed about Christmas, 1900—my wages were not fully paid, but I got some in February, 1901—about ₤23 is owing.
Cross-examined by MR. DRAKE. I have been in the provision line about 33 years—I paid 7s. 6d. in the pound to my creditors—I occasionally backed horses—my wages were ₤2 10s. a week—I did not know Leighton—I heard that he disappeared with between ₤90 and ₤100 of defendants' money—I looked upon McCraith as a buyer of provisions.
FRANK EDWARD OSBORNE . I am a fishmonger, of 21, Turnpike Lane, Hornsey—I was formerly lessee of No. 43, where I carried on the business of a grocer and provision merchant—the rent was ₤70 or ₤75 a year—in the autumn of 1899 Mr. Lewsey called, and we conversed about disposing of the business—he afterwards introduced McCraith, of the Grocery and Provision Shops Association—after arranging to take over the shop, they suggested that I should reduce the stock as much as possible—I asked ₤120 for the fixtures and goodwill, and the stock at a valuation—they agreed to pay ₤60, and Lewsey paid ₤10 deposit—Lewsey afterwards introduced Saruco as Wilson—the purchase was completed about October 11th, 1899—I lived there a few weeks after that—I allowed the manager to board in the house—when I went out McCraith came in—he lived over the shop—I afterwards saw Shorland and McCraith at 147, Oxford Street, and explained that I had been applied to for the gas account, and
that I was surprised they had not paid it, because I had their letter that they would settle those matters, and I had deducted the money from the purchase money—Shorland promised that he would go and see "Charley"—I concluded that he meant Wilson—they eventually settled the matter—they did very little business—the shop was not well stocked, I had let it run low—it was afterwards shut up.
Cross-examined by MR. DRAKE. I am married, and have two children—I could not live on the shop—this is a photograph of it—the stock is outside; there was not much inside—I made it pay the earlier portion of the time—I do not believe it was well stocked down to 1900—I pass it every day going to the station.
Cross-examined by MR. HACKNEY. I am a Mason, and a friend of Lewsey—I went inside the shop—it was not sufficiently stocked.
JOSHUA GREGORY . I am the owner of 434, Harrow Road—in October, 1900, I let the premises to Shorland—before the first quarter's rent became due I learnt that the Sheriffs were in the shop a fortnight or three weeks after they had gone into possession—I applied to Shorland for the rent—I did not get it—there was not sufficient in the shop to distrain on—half a year's rent is owing, to Lady Day, 1901, and I have had to put the premises in repair.
WILLIAM HENRY ROBERTS . I was formerly in business at 134, Harrow Road—I assigned the premises to Shorland—I was paid ₤82 for everything, including the stock—I left the premises on October 23rd—I saw the shop afterwards—I saw margarine on one occasion, and afterwards empty boxes before Christmas, 1900.
Cross-examined by MR. DRAKE. I am a provision dealer—I carried on that business three years and a half—I started it, and fitted up the shop—the previous year we turned over ₤2,725—I showed the purchasers the books.
Cross-examined by MR. HACKNEY. McCraith came to value the stock—that, is all I know of him.
JOHN HENRY KEEN . I am the Secretary of the Pearl Life Assurance Company, London Bridge—I have a lease of Old Shades Wharf—in October, 1899, I get it to William John Findlay—in 1900 I tried to find him—I did not succeed—I found another person in possession, and the name up "Rogers & Roge✗s," and I think "Public Stores Company," also "Fardell"—the rent was paid to June 24th, 1900—Findlay had let without our consent to other tenants—we could not get possession till November—the September rent was not paid.
GERALD MCCRAITH . In January, 1901, I was traveller to my father, trading as McCraith & Co., of 3 and 4, Duke Street, Tooley Street—I am McCraith's nephew—at the beginning of last year McCraith showed me a card, on which was "W. J. Findlay, Old Shades Wharf," and said that he was buyer for Findlay, who supplied several shops—I introduced him to Mr Burrows, a provision merchant—later on Burrows told me something, and I wrote to McCraith—I received this postcard in reply: "Dear Gerald,—I shall see the two accounts are paid; you can tell your friends not to worry. When I am buying cheese for cash will let you know"—I had also introduced him to Jensen, a provision merchant's Agent, and I think McCraith bought five cases on inspection—I wrote
to McCraith, and told him the accounts had not been paid, and I presume the postcard refers to it—I made inquiries—I went to Old Shades Wharf, but could not see anybody there.
Cross-examined by MR. HACKNEY. I believe references were supplied—I never saw Findlay.
FREDERICK BURROWS . I am one of the firm of Burrows Brothers, provision merchants, 20, Tooley Street—on January 12th, 1900, the last witness introduced the prisoner McCraith to me as buyer to W. J. Findlay, of Old Shades Wharf, Upper Thames Street—we arranged for weekly payments—he bought bacon and butter, mostly bacon—the first lot was paid for—then he ordered ₤30 to ₤40 worth of bacon and butter—that was paid—the third week, on January 26th, he ordered butter, cheese, and bacon to the extent of ₤40 odd, mostly bacon—on February 2nd other provisions were ordered to about ₤84 odd—the last orders were never paid for—the goods were sent from G. W. Burrows place in Smithfield to shops at Turnpike Lane and High Street, Hornsey, Woodgrange, Forest Gate, Balham, and Salisbury Pavement and Hammersmith—I put the matter in my solicitor's hands, and tried to get the money from Findlay—I found that he had been made a bankrupt—I did not know that the goods were for the Grocery and Provision Shops Association, nor that these shops belonged to that Association—I did not know where the goods were going—the instructions were left at Smith-field.
Cross-examined by MR. HACKNEY. It is common to sell goods on commission—Findlay gave instructions where they were to go—the references were to Dean & Co. and the London and Provincial Bank, and were satisfactory—we made Findlay a bankrupt when trying to recover the amount.
Re-examined. We found out afterwards that the goods had been delivered to the Association shops—Findlay was made bankrupt on our petition—he never came up for examination.
CARL HALDON CHRISTIAN JENSEN . I am a provision merchant, at 40, Tooley Street—McCraith & Co. are our agents—in January, 1900, I sold through them eggs valued at ₤28 odd to W. J. Findlay, of Old Shades Wharf—I never received payment—I do not know the prisoner McCraith—the goods were delivered at various shops.
Cross-examined by MR. HACKNEY. I never saw the prisoner McCraith—we never give credit for the first transaction—after that we require references for credit.
CHARLES FREDERICK HARDER . I am secretary to G. C. Ronchetti, Limited, 26, West Smithfield, provision merchants—McCraith came to us in January, and described himself as a buyer to Findlay, of Old Shades Wharf, wholesale grocer, for cash—he paid for two orders—the third order, which was not paid for, was for butter, ₤13 4s.—I put the matter into our solicitors' hands, and obtained a judgment—some of the goods were left at Nine Elms Station by Findlay's order—the rest were taken away by the carrier Sorrll.
Cross-examined by MR. HACKNEY. I had known McCraith many years—I did not know Findlay—the references through our inquiry agent were not satisfactory, but the goods had gone.
CAUSTON FREETH . I am manager to the Sun Fire and Life Office—policies were taken out by Shorland in respect of 43, Turnpike Lane; 84, High Street, Hornsey; 137, Woodgrange Road; 6, Salisbury Pavement; 44, Hammersmith Road; 3, Market Parade, Balham; and 33, Lewisham Road, in October, 1899—those policies expired through non-payment of premium at Christmas, 1900—on May 14th Shorland insured his life, the proposal being in March, for ₤1,000—the premium paid was ₤11 13s. 4d. for the half-year—the policy lapsed on November 14th, 1900.
Cross-examined by MR. DRAKE. The proposal form was filled up for the benefit of the Grocery and Provision Shops Association, but my managers would not issue a policy for the benefit of unknown persons.
HENRY CLIFFORD . I reside at 237, High Street, Lewisham, which, by referring to this list, I find is the address given of one of the shops of the Grocery and Provision Shops Association—I have resided there 18 months, and carry on a boot and shoe trade—I have never had anything to do with that association.
Cross-examined by MR. DRAKE. No negotiations have been entered into for taking the premises.
WALTER JAMES WHEELER . I am a clerk of the National and Provincial Bank, Oxford Street—the Grocery and Provision Shops Association had an account there—Shorland opened it, and Wilson had power to sign—I saw McCraith there often, and thought he was Wilson—he paid in and drew out cheques.
ALBERT EDWARD HOLE . I am a clerk in the office of the Registrar of Joint Stock Companies, Somerset House—I produce the file of the Stores Company, Limited—it was registered on December 31st, 1900, by Herbert Shorland Slatter—the memorandum of association puts its capital at ₤2,000 in ₤1 shares—there are seven signatories, including Slatter, Kelly, and Heweson—the registered office is 8, Bream's Buildings—there is no return of capital—these are the memorandum and articles of association (Produced).
Cross-examined by MR. DRAKE. There are powers reserved in the articles, for increasing the capital.
Re-examined. The registration cost ₤8 5s. ad valorem.
(MR. KNIGHT, a Bankruptcy official, produced the defendants' books, and stated that an accountant had inspected them on their behalf.)
SIDNEY BAXTER BENNETT (Further examined by MR. DRAKE). Negotiations were entered into for taking the shop at 237, High Street, Lewisham—the lease was engrossed; it was signed by Shorland and witnessed by me—the references were not accepted—I produce the solicitor's letter—(This referred to No. 297, and not to 237.)—I communicated that fact to my clients at once.
JOHN BROUGHTON KNIGHT . I am Senior Examiner in the Bankruptcy Court—I have had the prisoners' books placed before me—I produce a list of them—the ledger does not show the true state of accounts, if the statement of affairs is correct in Slatter's bankruptcy—I found no wages book—the cash books were not added up or balanced, except a few pages in pencil in the earlier part—there was no goods account—depositors are entered in the creditors' ledger—this analysis has been made under my supervision (Produced)—it is from May 30th, 1899, to March,
1901—the total deposits received is ₤13,929 8s. 6d.—of that ₤1,313 12s. 4d. was withdrawn before the bankruptcy, leaving ₤12,600 to be accounted for—₤1,748 interest was paid on current deposits—the gross takings of the shops are ₤5,535 6s. 8d.—the payments for goods, apart from Findlay, are ₤4,273 10s. 7d., and to Findlay ₤2,541, making ₤6,814, and that exceeds the gross takings of the shops by about ₤1,300—there is no profit on the trading—the stock was small, and mostly worthless—the net assets were ₤400—the expenses shown are ₤763 14s. 3d.—the purchase price of the shops, commission and charges come to ₤1,403—₤23 15s. is stated to be paid to Clarkson, petty cash ₤234, and advertising ₤1,513; insurance, rates and lighting, ₤1,188 19s. 4d.; payments to Pugh, ₤134; to Bennett and Leaver, ₤277; to Shorland, ₤154; to Wilson, ₤80; to the Butchers' Association, ₤123; to other names, ₤25, ₤74, ₤67; for printing, ₤233; for law costs and to Sheriff's officer and expenses, ₤93; and payments for purposes not shown, ₤269; for salaries at head offices and shops, ₤3,995—I was only able in some cases to ascertain to whom sums were paid—there are payments to Mack for wages, and to others for different shops, but to nothing like ₤3,995—the payments to Edmunds are ₤263—adding up the expenses and deducting them from the deposits and receipts from the shops, brings out ₤403 as Shorland's assets—the items are taken from the cash books—the money has all gone—I produce letter from Bennett and Leaver of August 19th, and the documents referred to in it—(This letter pointed out the difficulties in the charge suggested by the prisoners.)
Cross-examined by MR. DRAKE. I had a great many invoices, but I do not remember any vouchers—I have not examined the pass books—the weekly payments to managers varied—they did amount to ₤40 or ₤46 some weeks—there were eight or 10 books for each shop—the invoices produced are for goods supplied by Findlay—there are no details for payments of wages in the shops—there are items to credit where we expect to find cash—instead of goods on one side and money on the other, there is money on both—the first payment to Findlay is ₤17 on August 11th, 1899, and the last item for goods in the ledger is February 13th, 1900—I find an entry for wages of ₤46 on December 8th, and ₤50 on December 7th, 1900, and creditors for wages unpaid amounting to ₤75—the preferential claims are ₤80.
EDWARD DREW (Police Inspector, C). On May 18th I went to Wood-ford Lodge, Blackheath, and found Saruco leaving the lodge—I told him I was a police officer, and held a warrant for his arrest for being concerned, with other persons, in obtaining large sums of money by fraud—I read the warrant to him—he said, "I suppose anything I say will be taken down"—I said, "Yes"—he said, "All I can say is that it was not my concern; it was Shorland's; he was the sole proprietor; I have not signed any document at all. Money was not obtained by fraud; it was got by advertisement; we showed we had eight shops, and so we did"—I took possession of a quantity of memoranda in the house relating to this matter—I conveyed him to Vine Street Police-station, where he was charged—when the charge was read over he made no reply.
Cross-examined by MR. HACKNEY. The house was large and well furnished.
ELIAS BOWER (Re-examined). I arrested Slatter on May 10th—I saw him leave 76, Granville Park, Lewisham, Saruco's address, and followed him to his own address, 30, Sandrock Road, St. John's—I said, "b——your name Shorland, otherwise Slatter?"—he said, "Yes"—I read the warrant to him—he said, "There was no intent to defraud"—I searched the house, and found a number of exhibits, which have been put in in evidence, and other documents, of which I made this list (Produced), including 29 letters from depositors, complaining of non-payment of interest, extending over four months prior to arrest, this draft charge to be given to depositors, two County Court summonses for goods supplied; a writ for ₤37, for advertising; Miss Turner's writ, in suing for ₤2,346; a writ to recover possession of 44, Hammersmith Road; a writ for ₤34, for the rent of 3, Market Parade, Balham; a charge for ₤200 from the German Princess Lohenstein; letters and charges relating to deposits and agreements which have been produced—on Shorland was an anonymous letter, advising him to destroy everything—I examined the charges, and found five on 33, Lewisham Road, for ₤650; five on 3, Market Parade, Balham, for ₤717; nine on Salisbury Pavement, for ₤926; seven on 43, Turnpike Lane, for ₤983; seven on 137, Woodgrange Road, for ₤1,081; five on High Street; Hornsey, for ₤1,191; three on 44, Hammersmith Road, for ₤1,320; and seven on 734, Harrow Road, for ₤1,483—they are all signed by Shorland, as secretary, and witnessed by McCraith—I also found some correspondence with Mrs. Scholefield and Miss Turner, and I received from her a letter, signed by Shorland—she deposited ₤100; an execution was issued on her behalf at Woodgrange Road—nothing was realised—I have searched for Findlay, and cannot find him.
Cross-examined by MR. HACKNEY. Five or six charges were witnessed by McCraith—his house in Sandrock Road is rented at about ₤36, and is nicely furnished.
FREDERICK WEST (Detective, C). On the evening of May 10th I went to 3, Elliott Road, Brixton—I asked McCraith if his name was McCraith—he replied, "Yes"—I said, "I hold a warrant for your arrest for conspiracy and fraud, with men named Wilson and Shorland"—he said, "I saw people who used to come to the office to see them; I cannot see where the conspiracy comes in, I was a servant, and if people were fools enough to deposit money with them that is their fault"—I took him to Vine Street Police-station—he was charged—he made no reply—in the house I found an "Application Book," with the names and addresses of persons who applied for deposits—he said that belonged to the Association—some of the persons whose names are in it are depositors—I searched the offices at 8, Bream's Buildings on May 11th—I produce a list of documents found there, including 13 addressed and fastened envelopes containing prospectuses, 5 envelopes addressed to intending depositors, 147 prospectuses, 18 forms of charges 20 postcards calling attention to the money article in the Daily Telegraph, 57 blank application forms, note-books, cheque books, and other things.
Cross-examined by MR. DRAKE. I called at the house in Turnpike Lane in March—it was closed—I spoke to the person next door, left him my card, and told him I was making inquiries respecting No. 43—I have been told that that card was sent to Saruco.
Cross-examined by MR. HACKNEY. There were slips of paper in the application book—they were left at McCraith's—there was nothing on them—he had two rooms in a very good house.
Saruco and Slatter, in their defences, on oath, send that they had no dishonest intention, and that the Association succeeded till attacked by the Press. McCraith, in his defence, on oath, said that he was only the servant of the Association.
GUILTY .—The JURY added: "It is evident that the victims in this case were induced to part with their money principally through misleading advertisements and notices in certain newspapers, and we consider that much greater care should be exercised by the Press generally before accepting such advertisements and notices, for publication." SARUCO— Four years' penal servitude; SLATTER— Twelve months' hard labour; MCCRAITH— Eighteen months' hard labour.
555. FREDERICK GEORGE EDMUNDS (26) PLEADED GUILTY to conspiracy, with the said Saruco and Slatter, to obtain and obtaining from William Wilkinson and others ₤100, ₤250, and ₤135, in connection with the Co-operative Meat Supply Company.— Six months' hard labour.
OLD COURT.—Saturday, July 21th, 1901.
Before Mr. Justice Wills.
MR. MUIR Prosecuted, and MR. MATHEWS Defended.
HARRY BREWER . I joined the Polioe Force on June 14th, 1897—I first went on duty in Hyde Park on June 14th, 1901—I have been on duty at the reservoir for three nights—the electric light there goes out about twelve, and my duty then was to turn everybody out of the Park—the gates close about 12.50—nobody is let in after 12 o'clock—I do not recollect anything that happened on the night of June 17 th, or in the day-time—I am still on the sick list.
CHARLES STRANGER (212 A). I was on duty in Hyde Park on the night of June 17th, on what is called beat 12, which took me near the reservoir—I passed it at 11.20 and 11.45—at 11.45 I saw a soldier sitting on a chair—he was a guardsman; I cannot say which regiment of the Guards—a girl was sitting on his knee—they were bitting on the east side of the reservoir, on the second lot of chairs, about eight yards from the corner—I passed within 3ft. of them—I did not say anything to them—I turned my light on them, and passed on—the giil had on a
light hat, a blue and white striped blouse, and a pale blue skirt—I met Brewer, and had a conversation with him—I did not point out the couple to him—I met him about eight or ten yards from them—he could see them sitting there—I left Brewer about 11.48, and went towards the Victoria Gate, which is against the Bayswater Road—I left Brewer standing at the electric light—he was on point duty there—a man on point duty is allowed to patrol 100 yards round the point.
MABEL META FORD . I know an Irish guardsman named Evans—I was in Hyde Park with him on the night of June 17th by the reservoir, sitting on two chairs for a long time—I remember a constable coming past and turning his light on us—I was dressed in a pale blue blouse, a blue skirt, a large white Leghorn hat with a pink sash ribbon in it, and a black feather ruffle—I should think it was about eleven wnen the policeman turned his lamp on us—I afterwards saw two policemen meet—I did not take much notice of them—I think they went off in the same direction—they were a short distance from us—the prisoner came up to us—I had not seen him before that night—he seemed surprised to see us—he seemed to know Evans—I was introduced to the prisoner—"Ford" was used when Evans introduced the prisoner to me—I think he called the prisoner chum—we stayed there a few minutes, then another policeman came up; I do not know if it was Brewer—he told us it was time we were going—we got up to go away—the prisoner went back to the policeman—he had only gone a little way from us—the prisoner and the policeman had words, and they struggled—the policeman said it was time he was back in barracks—the prisoner used bad language; I cannot say what the words were—the policeman had hold of the prisoner's arm, but I did not see any blow struck—I was three or four yards from the prisoner and the policeman—Evans was with meat that time, then he went back to get the prisoner away—he could not get him away, and he came and talked to me—the prisoner came up to me afterwards—I was three or four yards from the spot where the struggle was—when the prisoner and Evans came up to me I was looking the other way—during the struggle the policeman had hold of the prisoner's arm, who was trying to get away—I did not see him strike the policeman—when I turned round again the policeman had gone—I thought he had gone away—the struggle went on for three or four minutes, while I was standing there; at the end of it I did not see any policeman—I do not know what happened to him—when I was joined by the prisoner and Evans we all three went towards the Broad Walk—we met a lamplighter there—we went on to the Marble Arch—I walked with Evans—I think the prisoner was on the other side of Evans—I parted from them outside the Marble Arch—neither of them said anything to me with regard to what had happened to the policeman—next day I went to different parts of the town—I have been in London between three or four months—I had been in the neighbourhood of Hyde Park a long time as a habit before June 17th—I was going to Windsor on the Sunday before this happened to see a friend, but I went on the Wednesday after it instead—I walked down—on the Tuesday I walked as far as Hounslow—I started for Hounslow on Tuesday morning about 11 a.m.—I stayed at Windsor on Thursday—I went to Ascot Races on Friday—on Saturday I went from Windsor to Aldershot—I did not walk
that part, I rode with a cabman who was going that way—I stayed at Aldershot, and went to Pirbright on Sunday, and stayed till Monday night, when the police found me—I did not come back to London till I was brought back by the police on Tuesday morning.
Cross-examined. I have never gone by the name of Nellie May, or any name of the kind—I saw the policeman when he had hold of the prisoner's arm—I was just turning round then—the prisoner looked as though he was trying to get away from the policeman—I did not see whether the policeman had his staff out.
MARTIN EVANS . I am a private in the 4th Company 1st Battalion Irish Guards—the prisoner is in the same company—before June 17 th I had not been acquainted with him; I knew his name by hearing it called out in a boxing competition at the depot—he was boxing there—he was not successful—I am 19 years old, and have been seven months in the Guards—on the night of June 17th I was in Hyde Park with a girl—she had got on a white skirt, and I think a black and blue blouse, and a white sailor hat—we were sitting on two chairs just against the reservoir—when the prisoner came up she was sitting on my knee—I remember a constable coming up and turning his light on us—she was on my knee then—the constable was about 2ft. from us—he did not say anything—I do not remember seeing him meet another constable—about two minutes after the constable had turned his light on us the prisoner came up—he looked into both our faces—he did not say anything—he walked down to the right of the reservoir towards the electric lamp—I recognised him—he came back and said, "Excuse me, there is a policeman watching you"—I thanked him, and got up to go away—I think the electric lamp had gone out then—I addressed the prisoner by name—I said, "b——that you, Kennedy?"—he said, "Yes," and I introduced him to the girl—me and the girl walked away—the prisoner was coming, when a policeman comes up to him and says, "You are a fly customer"—I don't know what that means—the policeman must have heard the prisoner tell us that he was watching us—he told the prisoner to get out of the Park, as it was time to be out—the policeman was striking the prisoner very slightly in the chest—I could not say what he was punching him with; he was not beating him—I was about 30 yards away—I looked behind again, and saw the prisoner striking the prosecutor, but I cannot say what he struck him with, whether it was his fist or his belt; it was pretty dark—he knocked the policeman down and jumped on his chest and kicked him—I cannot say if it was three or four kicks—me and the girl goes away then—I did not go back to where the policeman was—we got out into the Broad Walk; the prisoner comes running after us, and jumps across two rails that are there, and I told him that he had better hurry up, as the policeman would have him caught before he got to the Marble Arch gates—he told me not to be afeared; the policeman would not stir for a bit—I met a lamplighter on our way out; I asked him the time—I disremember now what time it was—we passed on to the Marble Arch gates—I bid the constable on duty there good night—I cannot say if the girl took a bus, but we parted with her—to the best of my opinion, she went straight across from the Marble Arch down the road—me and the prisoner turned down to our left—when we got away from the girl the prisoner was.
standing under a lamp which was alight, and I saw blood on his boots—I said, "You must hive kicked the policeman on the head"—I judged he must have kicked him on the head because the other part of the policeman's body would be covered—he said, "Yes; I did"—he spat on his hand and rubbed it on his boots, and then rubbed his hand on the seat of his trousers—we walked a long distance; I cannot say where we went—he saw a public-house door open, and he went over, to see if he could get a drink—the woman at the house said she could not supply him with a drink at that time of night, as it was shutting-up time—he asked her for two 1/2 ozs. of tobacco; she gave them to him, and he gave me one of them—we goes on then, and we goes to a coffee-stall—we left there, and we met a young man and asked him the way to Chelsea Barracks—before that the prisoner said to me, "I have got no more money in my pocket"—he said if he could find a way into Hyde Park he would go, and take the money from the policeman's pocket who he had knocked down—I advised him to go away—I did not know where we were going—he made that statement about an hour after we had left the policeman—I said, "You will get caught if you go in now," and that the policeman would be at the gates—he said, "Don't be afeared; the policeman will not get up for long enough"—we asked the civilian the way to barracks, and he let us into the Park, and out at the other end we turned to our left, when we got out of the Park, and then into Sloane Street, and got back to barracks at 3.40 a.m.—the sergeant of the guard received us; neither of us had passes for after 12 o'clock—we were kept in the guard-room until reveille—our belts and boots were examined by the corporal and the sergeant of the guard—this (Produced) is my belt—I wore a different one at the depot—I had worn this one for about six weeks before June 6th—it was new when I got it—inside under the buckle there are two spots of blood—the only way I can account for that is that someone put them there to do me harm, to make evidence against me—this was the belt, which was examined by the sergeant and the corporal of the guard—when we are not wearing the belts they are hung up opposite our beds—I sleep in Room No. 5 of No. 4 Company—the prisoner occupies the next room—he would have access to mine.
Cross-examined. I saw the police-constable punching the prisoner in the chest; he was not beating him—I cannot say whether it was with his hand or with his truncheon, as it was pretty dark, and I was a good distance off at the time—it is not true that when the prisoner was with the constable I was three or four yards off—30 yards was the nearest I was to him—when I saw the prisoner and the policeman I walked away as quick as I could, and did not stop till I was overtaken by the prisoner—I was about 100 yards away when he caught me up—it is not true that I left Ford and went back to where the prisoner was—I have made a great many statements in this case, but I have been threatened and afraid to make the right statement—the first one I made was to Inspector Fuller, and signed by me on June 21st; it was false—the second I made to Police-sergeant Pollard—it was taken down in writing, and signed by me on June 26th; the whole of it was false, but I gave the description of the girl right—I was at Rochester Row Police-station on July 11th, the day of my arrest—I was there seen and identified by Mabel Ford—after
I was arrested, and on the same day, I made a third statement, in which I accused the prisoner—on the same day I made a fourth statement; that was true—in it I denied that the girl I had been in the Park with on June 17th was Mabel Ford—I said the girl I was with was known to me as Nellie May—she gave me that name—I was not telling an untruth then in saying that it was not Mabel Ford who I was out with—next time I saw her I could not swear if it was her or not that was with me that night—they are both very much alike—there are two or three girls alike, and I cannot swear which it was I was with that night—on July 12th I was brought before Mr. Fenwick at Marlborough Street Police-court, and we were jointly charged with having committed this assault upon the police-constable—a number of witnesses were called upon that day, and amongst them Mabel Ford—we were remanded until the next day, and more witnesses called then—the doctor was called, and I heard his evidence—we were remanded till July 15th, when the remaining witnesses were called—I went into the witness-box to give my evidence, having then heard the whole of the case put forward by the police—I cannot swear that I have ever before to-day said that I told Kennedy to hurry up, as the police-constable would catch him before he got to the Marble Arch, or if I have said before that he said, "He won't stir"—I think those statements are important—I cannot say if the prisoner struck the policeman with his hand or his belt—I do not know if I have ever mentioned the word "belt" before to-day—a belt is the most common thing that men use for purposes of assault—I swear I never used a belt on that policeman—I cannot see signs of the stains on my belt being partially obliterated by pipe-clay—I do not see that the lettering on the buckle looks darker than the rest—I cleaned my belt the next morning after the 17th—we came out of the guard-room at reveille—I do not know what time that is; 5 o'clock or 6 o'clock; I am not sure—after I had washed and dressed I cleaned my belt—it took about five minutes—I did not notice any blood upon it that morning—I did not go into the prisoner's room that morning—I might make a mistake; I do not remember it, but I never spoke to him that morning—I am uncertain as to whether I went in or not—I did not go to him and show him my belt, and say to him, "There is some blood on my belt"—I do not remember him coming into my room—I think 22 men are supposed to sleep in each room—I do not remember a private named Taff being in my room on that morning; I would not deny that he was there, but I did not see him—I do not remember a knife being taken out by anyone, or the belt being scraped; it was not scraped that morning—I first knew there was blood upon it when Inspector Fuller showed it to me at Rochester Row three or four days ago—I cannot see any sign of scraping on it now; it has been cleaned—our belts are pipe-clayed every time we go on parade, three times a day—I always pipe-clayed mine three times a day—I did not do so after June 17th—I went sick on the 18th—I had my belt till I went into hospital—it was on my peg—I went into hospital on the 18th, and came out the same night—I went back to my duty after that; I cannot say for how long—I wore this belt—I went out into the City once or
twice with this belt on—I wore it up to the time I was arrested—I was not wearing it when I was arrested—I got the loan of a belt when the young woman was identifying me—I was arrested at Rochester Row Hospital, and my belt was at the barracks—I had not seen it on the day of my arrest—I was made a prisoner at Woolwich Hospital by the sergeant major, and brought to Rochester Row and arrested there—I did not have my belt in my possession for about two days before I was arrested—I know a man named Carroll—he is in the same company as I am—I do not remember being on the parade ground with him after parade—I swear I have never been on the parade ground with him after parade—I do not remember Carroll saying to me, "How is that case of the Bobby getting on?"—I did not say, "They can't prove it against us"—he did not say, "Why, how is that?"—I did not say, "Because the girl who was with me has got away, and there was no one saw it done; I saw the Bobby start knocking Kennedy about, and he was too much for Kennedy; I could not see my chum being knocked about, and I did not forget to make the motion at all—I do not know what "making the motion at all" means—I do not know if it meant that I gave the man a very severe beating—I remember seeing Carroll at Rochester Row Hospital the day before the arrest—he was a patient there—I did not say to him, "I think the game is up, but I think I shall go sick with my back in hospital"—he did not say, "Why, what is wrong with your back?"—I did not say, "Oh, there is nothing wrong with it"—I went sick to hospital; I do not know the date—it was the day before my arrest—I complained of my back—I do not know if the prisoner's trousers have been examined—he paid for the tobacco—we went to a coffee-stall—I did not have anything—I cannot say what the prisoner had—there were some girls at the coffee-stall—I do not know if the prisoner paid for what was drunk—I was about six yards off—I saw he was having something to drink—I do not know if he gave anything to a girl—when we returned to barracks he told me he had no money on him—after we left the stall we did not meet any woman, to whom money or coffee was given.
Re-examined. This (Produced) is the statement I made on June 21st; this is my signature—(This stated that the witness left barracks about 6.30 p.m. on June 17th, and met a girl in Sloane Street about 6.45; that they walked through several streets; that they never went near any Park; that he would swear he was not in Hyde Park; that he met the prisoner about 5 minutes before he got into barracks; that he was with the young woman about two hours, and promised to meet her at Sloane Street the following night; that he did not meet her; that he could not account for the seven hours that elapsed after he left her; that she was wearing a pink blouse and a big white hat and black veil; and that he met two other girls in the streets, and talked to them for a longtime.)—that statement is false—the prisoner told me not to say anything about it, as they would never find it out, and he gave me a drink and money not to say anything about it—he told me to stick to the statement I first gave—before I gave that statement he said we were never to speak about it—this statement was taken outside the orderly-room—I saw the prisoner the same day; I did not know he had made a statement; I heard afterwards from him that he had made one on the 21st—in the Park the prisoner told the girl never to speak about
the affair—on June 26th I made a statement at Chelsea Barracks—this is my signature—(This stated that he left barracks at 6.30 p.m. on June l7th, and at the top of Sloane Street he met a young woman dressed in a light straw hat, with a sailor's band round, black skirt and pink bodice; that they walked towards Buckingham Palace Road, and that he left her at 8.30 p.m.; that he then went in the direction of the barracks, and met two young women, and that he walked about with them, but that he did not know where, as he was a stranger in London; that he met the first girl on June 21st at the top of Sloane Street, and asked her to go to barracks; that she declined; that she left him, and that he had not seen her since; that on June 17th he walked about with two girls till 2.30 a.m., and then walked towards Chelsea Barracks, and met the prisoner near there about 3.40 a.m., and that he was not in Hyde Park at all that evening.)—that is the second statement which is false—on July 11th I was arrested, and then made another statement; this is my signature—(Read) "I don't see why I should be arrested. I was sitting there on the seat close to the railings when Kennedy came up; this was about 12 night. He peered into our faces, and said, 'Excuse we, that Bobby there has got you set.' Kennedy passed on, and it was when he came back he told us the Bobby had got us set. The Bobby spoke to Kennedy, and told him he had better be gone, and Kennedy then knocked him down and kicked him several times and Jumped on him. I called him away, we all three walked away, and passed a lamplighter, who spoke, and then we went out at the Marble Arch gates, and Kennedy told the girl and me not to say anything about what had occurred. I should like to see one of my officers. I am afraid the others will out me if I say anything. Kennedy and I never left each other after he came up to us near the reservoir railings. I was about 30 yards away when Kennedy struck the policeman. I cannot say whether it was his belt or his hand he struck the policeman with."—on the same day I made another statement to Sergeant Tappenden; that is my signature—(Stating that the girl he saw to-day (July llth) was not the girl he was with on the night the policeman was assaulted; that the girl he was with was known as Nellie May, aged about 17, dressed in a black skirt, white and pink blouse, black silk band, lace-up boots, frizzy black curly fringe, and that she had one or two teeth out of the left upper jaw; that after the prisoner, he, and the girl left the Park on June 17th the prisoner said to him, "Will you have a drink?" that they went to a public-house near the Marble Arch, but were too late, and the prisoner asked the woman who was closing the door for two half-ounces of tobacco, which she did; that he told the prisoner he had got some blood on his boots, and said that he must have kicked the policeman on the head; that the prisoner said, "Yes, I did," and wiped the blood off with his hands, and then on the seat of his pants; that after buying the tobacco the prisoner said he had got no more money, and asked if the witness thought they could get into the Park again, as if he could find out where he had knocked the policeman down he would go back and take all the money he had in his pocket; that at Rochester Row Hospital to-day (July llth) the prisoner said, "Have you given me away?" and that he replied, "No; I have not; the prisoner also said, "Do you remember what I told you to say? You swear I was never in Hyde Park on the night of the assault.")—all
the witnesses were called before I was discharged by the Magistrate—it was left by the Prosecution to the Magistrate as to what should be done, and the Magistrate discharged me—I cannot remember whether I pipe clayed my belt at all since June 18th—if I had, I do not know whether it would obliterate the spot—the sergeant and the corporal of the guard looked at the inside of our belts as well as the outside—after parade we were taken before the colonel for being late—I think we were confined to barracks—I went to the hospital because I hurt my back about four months ago—the doctor sent me there—I did not take my belt with me—I left the barracks about 9.30a.m.—I got back about 6p.m.—I went on duty next day, and continued my duty for a week, I think—I was wearing my belt all that time.
By MR. MATHEWS. Before the Magistrate I said, "I and the girl were about 30 yards from them; I turned round to shout; I saw the constable punching Kennedy in the chest as I turned to shout."
JOHN SIMMONDS (Police-Sergeant, 28 A). Constable Brewer went on duty in the afternoon of June 17th at the point near the electric lamp—he was due to come off duty at 12.30 a.m.—he did not come back by 12.45, and I and other officers went to look for him—at 1.50 we found him near the reservoir, lying on his back insensible, with his head towards the Reformers' Tree—his helmet was about 12 yards from him in the direction of the electric lamp, and his truncheon about 10 yards from him in the same direction—he was about three yards from the chairs—he was placed on an ambulance and taken to St. George's Hospital, and left there, still unconscious—I examined the spot where he was found at the time, and also by daylight—I found no signs of a struggle—the grass was too dry—if there was one I should have found no traces of it—I went to some barracks, including the Chelsea Barracks—I there saw Sergeant Brown and Corporal Howard—I got there about 2.10 a.m.
By the COURT. I told them a serious assault had been made on a constable, and asked them to take particular notice of soldiers who came in—I had not then heard of the other constable having seen a soldier.
JOHN PERCY LOCKHART MUMERY . I am House Surgeon at St. George's Hospital—I saw Brewer when he was brought in—he was unconscious—he had two scalp wounds on the right side of his head, one about 3in. long just over his right ear, and another one with an angular cut running up from under the ear, about 2in.long—the upper one suggested to me at the time that it was done by a boot, by a kick, chiefly because there was a scratch running from it towards the forehead, which looked as if it had been done by some rough thing which had slipped afterwards—it was very difficult to say what the other one was done by; it was a more ragged cut than the other—I do not think a kick could have done it, because it was not bruised, and a boot must have bruised the ear—there was a good deal of bruising over the right side of the jaw, and I subsequently found that he had lost two teeth, one from the upper and one from the lower jaw—one was knocked out, and the other broken off—it could have been caused by any heavy blow with a large surface, a fist or a kick—his condition suggested that he had some serious injury to his head, but at that time there was no sign of his having fractured his skull, but afterwards there were signs that he had fractured it forwards, towards
the right orbit, which would account for his symptoms—I think the lowe injury caused the fracture—I did not examine his chest to see whether there were any signs of bruising, but if there had been any I should have heard of it, because the nurses always undress and wash any patient—he was in very thick uniform, and I think that would be sufficient to prevent bruiing if a man jumped on him—he was unconscious for 48 hours—his memory, so far as I can make out, is a complete blank for 24 hours before the occurrence; that is not at all uncommon—that blank is sometimes filled up, but it more usually remains a blank—he is quite convalescent now—this belt was handed to me for examination by the police last Thursday—I examined it carefully with a microscope to see if there were any blood-stains upon it—I found two stains, one on each side of the brass ring; one I removed, but I have a drawing of it—there was also a small stain at the top of the continuous part of the belt inside—the other one is on the turn-down flap—it is inside the belt also—there is also a small stain in the centre of the inside of the belt—the stains, which were large enough for me to test, I found, without question, were mammalian blood—that is all I can say—the one at the back suggested to me that they had been, cleaned over several times—you can see that there is a little pipe-clay over the stains by looking at it with a glass—the belt is all covered with pipe-clay inside and outside—I believe the pipe-clay is wetted, and then brushed off—I examined the buckle of the belt with a glass, and I found a good deal of some darkish dirt adhering to the crevice of the brass—I attempted to test it, but it was so mixed up with dirt and brass that it was impossible to get a satisfactory opinion.
Cross-examined. It might be blood—I think the blood on the belt might have been much greater in quantity than it is now, because the place where the stains were best marked was where it would get the least cleaned, unless the buckle was removed—it is possible that both the wounds might have been caused by a soldier's belt.
Re-examined. I think it is more probable that the upper wound near the ear was caused by a kick, but it is very difficult to say which.
JOSEPH BROWN . I am a sergeant in No. 1 Company of the Irish Guards, stationed at Chelsea Barracks—the prisoner with Evans returned to barracks about 3.45 a.m. on June 18th—I was in charge of the guard—they had no passes for after 12, so they were kept in the guard-room all night—before they came I had had a visit from Police-sergeant Simmonds—he told me about the murderous assault upon the constable on Hyde Park—I examined the clothing and accoutrements of the prisoner and Evans—when they returned, in consequence of what Simmonds had told me, I took off their belts and examined their boots and clothing—I did not find any blood on either of their belts, or on their boots—I see some marks inside this belt—they were not on it at the time, but I cannot say if this is the belt Evans had on then—I did not take the number of it—it looks like blood to me.
Cross-examined. There were no blood-marks on the prisoner's boots or trousers—after I had looked at the belts I kept them, and hung them up till the men were released at reveille at 5.30, when they were given back—I will not swear it had no blood-marks on it, but I did not see any.
Re-examined. The corporal of the guard examined the belts with me.
By the COURT. If the blood-marks had been there I could not have missed them.
JAMES HOWARD . I belong to the 2nd Company 1st Battalion Irish Guards, and was corporal of the guard at Chelsea Barracks on the early morning of June 18th when the prisoner and Evans came into the guardroom—I had heard what Police-sergeant Simmonds had said about the policeman being injured in Hyde Park—I assisted in examining their clothing, their boots and belts—I did not see any stains or blood about either of them—I examined Evans's belt—I see a mark here now; I cannot say what it is; it looks like rust off the buckle—I cannot say if it was on the belt when I saw it—I see some faint stains of the same sort in the middle of the back of the belt—I looked at that part of the belt on the 18th—no blood was there at that time—I cannot say one way or the other if these stains were there on the 18th—both the men were sober.
ROBERT FULLER (Detective Inspector, A). I first heard of this crime about 5 a.m. on June 18th—I was entrusted with the inquiries in regard to it—I visited various barracks where regiments of Guards were stationed, and took statements from all who were out after twelve on June 17th—among others, I took one from the prisoner on June 21st, at the back of the orderly-room at Chelsea Barracks—I wrote it down as he made it—I read it over to him, and he signed it—(This stated that the prisoner left barracks about 7 p.m. on June 17tht and went to 26, Denbigh Place, and rapped the railings; that his sweetheart, Connie Perry, lived there; that he went into the public-house opposite, and remained there talking and drinking till 12.30 a.m., and then walked away with a customer, but he did not know where to; that when he was returning to barracks, about 3.30 a.m., he met Evans; that he never went near Hyde Park on the Monday night; that he had only been there once, and that was on parade, and that he had only been in London about a fortnight.)—on the 26th, by my instructions, Sergeant Pollard took a further statement—on the 21st Evans gave me a description of a woman who had been in Hyde Park that night, and Constable Stranger gave me his description—I searched for her, but did not succeed in tracing her till July 9th, when I found the witness Ford at Pirbright—from information I got from her, I caused the prisoner and Evans to be arrested, after consultation with the solicitors—when the prisoner was arrested he did not say anything—I told him the charge, and referred to my former visit—I said, "You remember me, Inspector Fuller; I took a statement from you on the 21st of last month. I have the girl whose description was given me by Evans on that occasion. I have taken a statement from the girl, and I find that your statement to me is untrue, and I shall arrest you and Evans for being concerned in assaulting Constable Brewer in Hyde Park on the 17th of last month"—he said nothing—he and Evans were then placed among seven others of the same regiment at Rochester Row Police-station—that is where the belt was lent to Evans, so as to make him appear like the others—Evans was at once identified by Ford, and she also identified the prisoner after considerable hesitation—before that she picked out another man, and I told her to have another look—the prisoner said nothing when he was picked out—when the woman identified him
she said, "That is the man that came up to us"—he made no reply—I directed Sergeant Pollard to take him to Hyde Park Police-station—I took Evans—on the way he made a statement which I afterwards wrote out—at the station the charge was read over to the prisoner and Evans—the prisoner, in reply, said, "I am not guilty"—on July 15th Evans gave his evidence before the Magistrate, upon which day the prisoner was committed for trial—this letter I got from him; it is written by him; it is written from Holloway Prison, dated July 17th—(Read) "MR. FULLER,—I have considered it best for me to explain the truth of this affair which is so much put upon me by Martin Evans. I told him I would say nothing about what he had done that night on June 17th, but as he has put it all on me, I will let his part be known, as I want you to go and get his belt, and you will find some blood on the inside of it, for when he came back to assist me he struck the policeman on the right side of the head, and then, being in a hurry, he put his belt on upside down. The policeman had his back turned to him when he hit him, and was scolding and punching me with his baton. The next morning he came into my room, and told me there was blood on his belt. I went and saw it, and thought to take it off. I did get some of it off with a knife, and same I did not, which you will see for yourself, and a boy named Taff, in the same room as Evans was in, saw me scraping the belt"—T. KENNEDY."—upon that, I got the belt on July 20th, and examined it—I could find no traces of scraping; I can now; there were two black spots when I saw it first—after that I handed it back to the barracks—it was obtained again, for the doctor to see.
Cross-examined. On the 20th it looked as though blood had been on the belt—I did not notice anything about the buckle of the belt; I examined it carefully—I did not then see any dark-coloured dirt; I have since—the best description I had of the girl was from Evans on the 21st.
Re-examined. I made inquiries as to girls having disappeared from the neighbourhood of Hyde Park, and especially those with pink blouses.
EDWIN POLLARD (Detective Sergeant, A). On June 26th I saw the prisoner at Chelsea Barracks, and took this statement from him, which I wrote down—(This stated that the prisoner had left Chelsea Barracks about 7p.m. on June 17, and went to 26, Denbigh Place, Pimlico, where his young lady resides; that he rattled the railings, and heard that she could not come out; that he went to the Denbigh Arms opposite, and remained drinking there with an Army pensioner and a carpenter till 12 o'clock; that he left with the carpenter, and went to another public-house, and stayed till closing time; that he then went back to 26, Denbigh Place, and knocked at the railings, but got no answer; that he met Evans, and that they both started chaffing and talking with some girls; that they left them about 3 a.m., and got back to barracks about 3.40 a m.; and that he was never in Knightsbridge or Hyde Park that night.)—I received him into my custody on July 11th from Inspector Fuller—I took him to Rochester Row Police-station, where he was identified by Ford—I afterwards took him to Hyde Park Station in a cab—he did not say anything to me.
Cross-examined. It was to me that Evans described the young woman.
Irish Guards—I sleep in Room No.3—that is not where Evans or the prisoner sleep—there is no other man of my name in the regiment—I might have seen Kennedy scraping a belt—it in a usual thing to see a man cleaning a belt—I do not know anything about him scraping blood stains with a knife—I was on guard at Kensington Barracks, at 7.45 a.m. on June 18th, and remained on guard for 24 hours, so at 8a.m. I was not in my room.
Cross-examined. I might have gone into another room that morning—I might have gone into the prisoner's room, and have seen him cleaning a belt, and not taken any notice of it—I should not like to say positively that I did not see him cleaning a belt.
By the COURT. There might be some grease on a belt, and a man might scrape it off.
MR. MATHEWS submitted that there was no case to go to the Jury, as there was no evidence against the prisoner except Evans's evidence, who he submitted was an accomplice. MR. JUSTICE WILLS ruled that that was a question for the JURY.
GUILTY on the Second Count. The JURY did not consider that all the wounds were inflicted by the prisoner. — Ten years' penal servitude.
NEW COURT.—Saturday, July 27th, 1901.
Before Mr. Recorder.
MR. MITCHELL and MR. PERROTT Prosecuted.
THOMAS ADOLPHUS REYNOLDS . I am a scientific instrument maker, of 132, Clerkenwell Road, Holborn—on the evening of May 9th I locked up my premises—I went back next morning between 9.30 and 10, and found the place had been broken into—I missed 12 or 13 pedometers, some barometer hands, and other articles, value ₤35—I identify all these articles produced.
HENRY CALLAGHAN (Detective Sergeant, E). On May 10th I went to 132, Clerkenwell Road—access had been gained from a back yard by breaking a window—I found that the place had been ransacked—about June 24th I received three pawn tickets, and went with the prosecutor to a pawnbroker's, where he identified some articles—on June 29th I saw the prisoner at Marlborough Street Police-court; he had been arrested on Another charge—I told him I was a police officer, and he would be charged with stealing these arcicles—he said, "A man gave the pawn tickets to me," and after the charge he said, "I am innocent"—he was discharged on the other charge, and I took him in a cab to Clerkenwell—he said, on the way, "I bought the five pedometers of a man I do not know for 4s., thinking I could make something out of them, and I had to pawn them myself"—they were pawned for 4s.
FREDERICK BARTON (Detective Sergeant, Y). On June 21st, about 7.15, I arrested the prisoner, searched him, and found these pawn tickets (Produced), and some keys—he was carrying this bag, and in his pocket he had these skeleton keys and a gimlet—one of his companions was carry-ing
an old file, which had been made into a jemmy—the other man was discharged at the Police-court—he was charged with having house breaking implements at night.
Prisoner's defence: I got into conversation with a man, and he produced five cards, and asked me to buy them, as he was rather pushed for money. I gave him 4s. or 5s. for them, and next day I pledged them—I know nothing about breaking into the place—this is a cupboard key, and this my street-door key.
The prisoner received a good character.
NOT GUILTY .
ARTHUR CASH . I keep the George and Dragon, John Street, Clerken-well—early this year the prisoner came to my bar, and asked me about some electric light fittings—on May 29th I came home, and he was in the bar—he asked if I would cash a cheque—I said, "If it is a small one"—he produced a cheque for ₤2 5s., and endorsed it "Hyland" in my presence—I did not know his name—it was payable to E. Hyland—I paid it into the bank, and it came back marked "No account"—on July 12th I picked him out from 12 others—Mr. Stone was my predecessor in the house.
Cross-examined by the prisoner. I do not know whether you had a partner named Hyland.
EDMUND TOMLINSON . I am Secretary to the British Electrical Manufacturing Company, Limited—on May 17th I left between 8 and 8.30, and next morning I found the warehouse broken open, and missed three chucks of the lathe and a cheque book—this is not one of the cheques out of that book—I do not know Hyland or the prisoner; he was not employed by my company—we employ a good many people, but no one named Hare.
WALTER THILBY (Policeman G). The prisoner was placed with six other men—the prosecutor identified him without any difficulty, and then I charged him with obtaining ₤2 5s. by a forged order—he said, "I am innocent; I admit that I cashed the cheque with that gentleman."
The prisoner, in his statement before the Magistrate, and in his defence, said that Mr. Hare came to his place and bought some electrical wood, which came to ₤2 5s., and give him a cheque for it, and that after he left he found that, the cheque was made out to his partner, Mr. Hyland, who was laid up ill; that it should have been made out to Mathews and Hyland; that he changed it at the George and Dragon, and had been there several times since, but the landlord was out.
Hyland were together at a little shop for electrical lamps, and breaking them up for the wire—I went there on Wednesday, and they had moved.
The prisoner received a good character.
GUILTY .— Six months' hard labour.
MR. MITCHELL and MR. PERROTT Prosecuted.
HENRY MARK KINGSTON . I keep the Edinburgh Castle, Caledonian Road—on June 5th the prisoner came in and asked me to change a cheque for ₤5 17s. 6d., payable to J. Brown, and signed by Mr. Brown, a friend of mine, and asked me to change it—I said, "I cannot change cheques for strangers"—he said, "Mr. Mather told me to bring it to you," and went away and brought it back with this note: "Please cash cheque for bearer. Yours truly, J. MATHER," and there is something on the back—he endorsed it "J. Brown," but not to my liking, and I asked him to sign it again; he did so, and I gave him the cash for it—he asked me to take something to drink—I said, "No, thank you"—he disappeared so quickly that it surprised me, and I went across to Mr. Mather's, but he was out—I did not pay it in, as Mr. Mather denied it.
ARTHUR ADAM MATHER . I am an electrical engineer, of 258, Caledonian Road—this cheque is not my writing, nor did I sign it—I did not write these words on this bill head—it is not Mrs. Mather's writing, or that of anybody in my employ.
ARTHUR RICHARD MATHER . The last witness is my father—on June 5th I was serving in the shop, and a man came in for a mantle—he asked for a bill, and said, "You need not put the amount on"—I tore off the top, and gave it to him—nothing was written on the back of it—this was not written by me or by my authority—I do not think the prisoner is the man.
WALTER SELBY (Policeman, G). On June 14th, about 10 o'clock, I saw the prisoner on Clerkenwell Green; he entered the Crown public-house—I said, "Mitchell, I want you outside"—he said, "I am not coming outside—another officer came in, and then he said that he would come outside—I said that we arrested him on suspicion of obtaining money in the Caledonan Road on false cheques—on the 28th he said, "How much more are you going to put against me? I know nothing about Trotman. I do not mind suffering for what I have done"—I said, "What do you mean?"—he said "Kingston"—he also said, "I can tell you something about that job at Putney."
EDMUND TOMLINSON . I am Secretary to the British Electrical Manufacturing Company—on May 17th I left the premises safe, and on the 18th I found them broken open—three taps and a cheque book had been stolen—this is one of the cheques, and these others for ₤4 11s. and ₤5 17s. 6d. were taken out of the same book.
ELLEN MAUD ROBINSON . I am the wife of John Robinson, a licensed victualler, of 44, Essex Road, b——lington—on June 1st I cashed this cheque for ₤4 11s. for the prisoner—he said that it was for wages—it was returned from the bank unpaid.
By the COURT. This "G. Cox" was written when he brought it—he
did not represent himself to be Cox, or say where he got it—he took the money and went away.
Cross-examined by the prisoner. You had no whiskers or beard then—I recognised you the second time you came to the Court.
HENRY JORDAN . I live at 43, Halstead Road, Tottenham—on February 23rd the prisoner stopped me in High street, Tottenham, and asked me if I wanted to earn sixpence—he asked me to take this letter to Mr. Hibbert, the butcher—I did so, and they gave me some money in a bag—I picked the prisoner out from nine other men.
HENRY PALMER . I am manager to Messrs. Hibbert & Co., butchers, of High Street, Tottenham—on February 4th a boy came with this cheque and letter: "Dr. Chapman will be much obliged to Mr. Hibbert if he will send him cash for the enclosed cheque; gold will be preferable, or gold and a ₤5 note"—I gave it in gold.
Prisoner's defence: I got the first cheque on Epsom Day. I met Brown, and he asked me if I would go into Mr. Kingston's and change a cheque. I went in, and he said, "If you bring a note from Mr. Mather I will give it to you." I got the note, and did so, and gave him the ₤5 7s. 6d. As to the ₤4 11s. cheque, I was in America at the time, and on May 18th I was in Birmingham.
GUILTY .—He then PLEADED GUILTY to a conviction at this Court on May 21st, 1900, and four other convictions were proved against him.— Eighteen months' hard labour.
MR. HUTTON Prosecuted.
GUILTY of an indecent assault. — Six months' hard labour.
THIRD COURT. Saturday, July 27th; and
NEW COURT. Monday, July 29th, 1901.
Before Mr. Common Serjeant.
ROBERT PERCIVAL HART DYKE . I am cashier at the Lancaster Gate branchof the National Provincial Bank of England—Mr. Hilton Phillipson keeps an account there—on Saturday, June 29th, Mr. Shairp handed me a letter—later in the day this bill of exchange was handed over the counter by the prisoner for ₤500, drawn by Waddell & Sons upon Mr. Phillipson, of Lancaster Gate, and dated May 29th—I said, "Where do you come from?"—he said, "The drawers"—I examined the bill, and after we had agreed to pay, I said, "I will give you a banker's draft"—I noticed that
the bill would not be payable for three days—I communicated with Mr. Shairp—the draft on our head office was prepared by a junior, and signed by Mr. Shairp and myself; I handed it to the prisoner about 11 a.m.—it was payable to John Waddell—on July 5th I was sent for to the Police-station, where I identified the prisoner in a room, from six or seven others in a row as the person who presented the draft—I had given the police a description of him.
Cross-examined. I had not seen the prisoner before—we see very few people, because the branch has only been open two years; 25 to 40 a day at the outside—the branch is open at 9 a.m.—I fix the time because our junior goes to lunch about 11.20—the prisoner had on a hard billycock hat and a black coat—he had a heavy moustache—(The prisoner had no moustache.)—I identify him by the upper portion of his face—he has peculiar cheek bones—I wear spectacles—I walked down the line, came straight back again, and put my hand on the prisoner—I said before the Magistrate, "I cannot say that the prisoner was the only man wearing a black coat. I think the prisoner had his hat on. The man I saw at the bank had his hat on."
Re-examined. When I saw the prisoner at the Police-court he had no moustache as he has now.
STEWART GURNEY SHAIRP . I am manager of the Lancaster Gate branch of the National Provincial Bank of England—I remember Mr. Dyke bringing me this draft, the conversation upon it, and giving directions to make out a draft on demand at the head office—I was sitting at my table behind a screen, where I could see the prisoner, and in handing the draft to the cashier, I said to the prisoner, "Messrs. Waddell & Sons appear to have overlooked the three days' grace, but as our customer's instructions are to pay on presentation, I shall not return the bill"—I had received this document of instructions by the first post, and on the strength of that, paid it—it is unusual to pay a bill three days before it is due—I wrote to our customer on the Monday that; under his instructions, I paid the bill—on July 6th I was sent for to go to Hunter Street Police-station, where I identified the prisoner from about 10 men in a row as the man I had spoken to about the three days' grace—I have not the slightes doubt—I had not seen him before June 29th.
Cross-examined by MR. DRAKE. Mr. Disney, the solicitor's managing clerk, asked me, and I said I could not describe the man, but I had not the slightest doubt I could pick him out from 50—he had a black coat and small hat on—when I identified him he had on the grey suit he has on now, and his hat off—I should know his face anywhere again—the time was between 11 and 11.15—I should say he was not shaved.
Re-examined. I saw Mr. Disney on the Monday—he was dressed differently when I saw him at the Police-court.
WILLIAM HENRY GARWOOD . I am cashier at the National Bank of England at the head office, Bishopsgate Street—I paid this draft on Saturday, June 29th, between 1 and 1.30, to the prisoner—I asked him how he would take it, and he replied, "Ten ₤10 notes and ₤100 in gold"—I said it was rather an unusual demand to pay so much gold—he replied that it was for wages—the notes are Nos. 16768 to 6777—I identified the prisoner at Marylebone from eight others a✗ the person to
whom I paid the money—I requested that the men might be allowed to put their hats on, and then I identified him.
Cross-examined by MR. DRAKE. When he came for the money I believe he was dressed in dark clothes—to the best of my belief, he had a Moustache—I saw a number of people that day.
HENRY CARNE . I am chief clerk in the b——sue Department of the Bank of England—on June 29th these ₤10 notes, Nos. 16768 to 16777, were presented for payment; they bear the endorsement, "J. Williams, 23, Elms Road, Clapham."
Cross-examined by MR. DRAKE. Persons who present notes are asked, "b——this your name and address?" if notes are endorsed; if not, he is asked to endorse them.
HILTON PHILLIPSON . I am a colliery owner, living at 77, Lancaster Gate—I keep an account at the Lancaster Gate branch of the National Provincial Bank of England—the bill produced was not accepted by me, nor by my authority or knowledge—I do not know John Waddell & Sons—I first learned that it had been drawn, on the evening of June 29th.
HENRY GEORGE WATSON . I am manager of the London business of John Waddell & Sons at Grange Wharf, colliery owners and coal merchants—I know the signatures of the members of the firm—the bill is not drawn or signed or endorsed by any one of them—it is like the signature of our youngest member, but it is not his—I never saw the prisoner till he was at the Police-court.
Cross-examined. We employ 30 to 40 men in London, and eight clerks and travellers.
WALTER DENNIE (Detective Inspector). On July 5th I went with Sergeant Goff to 62, Burton Crescent, King's Cross—I found the prisoner in a back bedroom on the ground floor about 11 p.m.—I said to him, "I have reason to believe you uttered and forged a bill on a London bank, and we intend to take you to Hunter Street Police-station for identification—he replied, "All right"—when dressing he said, "I suppose you have your warrant?"—I said, "No; a warrant is unnecessary'—he said, "I suppose it will be the usual sort of identification; I hope you will give me a fair change"—I said, "Certainly, and you can dress, as you think proper"—we took him to the Police-station, and sent for Mr. Hart Dyke, who picked him out from six others at once as the person who had presented the forged bill of acceptance—I searched him, and found in his pocket-book ₤6 in gold, and receipted bills for ₤10 13s., all since June 29th—I said, "You will now be charged with forging and uttering on the 29th ult. the bill produced"—I showed him the bill, and read it to him—he said, "The gentleman who pointed me out has made a mistake"—we took him to Paddington Station, where he was charged—he made no reply—the bills found on him relate to two new suits of clothes and two new hats, a new portmanteau, and a box.
Cross-examined. I made my note at the Police-station—I first saw a clerk to the Banking Association about this—I subsequently saw Mr. Dyke, who gave a description of the man—he said that the prisoner had on a black coat, a bowler hat, and had the appearance of a clerk, and that he was shabby genteel—I went with Goff to Burton Crescent, and brought back clothing belonging to the prisoner, having searched his room—he was dressed as
he is now—he changed his clothes for identification, he put on clothes brought from his room—that was owing to what he had said about a fair chance—I did not suggest the change—Mr. Dyke went to one end, then turned, and in walking back picked him out—there were at least two others with black coats—the cashier of the Bank of England was sent for, but did not identify him—I called someone else to identify him on July 11th—he failed—the men then had their hats off—when Mr. Dyke went to the station they had their hats on—I ordered them to put them on.
Re-examined. The prisoner was not dressed when I took him—I told him he could wear what he liked—he put on the grey clothes he is wearing now—I took away his old clothes, that he should have a fair chance—they were hanging on the back door—he changed at the Police-station—the other person who came to identify him had nothing to do with this charge.
WILLIAM GOFF . On July 5th I was with Dennie when the prisoner was arrested—I afterwards went back to 62, Burton Crescent, and searched the prisoner's room with him—I found a new portmanteau empty, a Gladstone bag locked; the key was found on the prisoner—I opened it and found in the pocket a parcel; four or five pieces of paper, containing ₤35 in gold—I also found some pawn tickets, and these rough memoranda of the prisoners in a drawer—he had one room.
MORRIS KEENHAM . I am a surveyor and estate agent, of 36, Scotley Road, West Hampstead—I have known the prisoner 20 years—he was in my employment last year for three months—I have seen him write—the signature of the drawer of this bill, "John Waddell & Sons," is undoubtedly his writing, also "H. Phillipson, Esq.," is slightly disguised, and "77, Lancaster Gate" is his ordinary writing—the endorsement is his writing—this inventory is a specimen of his writing.
Cross-examined by MR. DRAKE. He was only with me off and on, as a clerk—my licence was taken out on September 5th, 1900—I paid ₤10—I paid him salary and commission—we quarrelled about commission—he sued me and failed, and has not paid the costs.
Re-examined. I have no ill-feeling against him; I am sorry for him.
THOMAS HENRY GURRIN . I am an expert in handwriting, of Bath House, Holborn Viaduct—I have had 17 years' experience—I have examined the specimens of the prisoner's writing, and compared them with the signature, "John Waddell & Sons," on this bill of exchange, which is slightly disguised, and the words, "To H. Phillipson, Esq., 77, Lancaster Gate," which is not disguised—they are the same writing—I believe the signature of the drawer is written by someone else—I have also examined the endorsement on the notes, which is the same writing, but written more carelessly, which rather suggests an attempt to disguise—(The witness pointed out the similarities).
Cross-examined. I was first consulted on July 6th—I did not give evidence at the Police-court because I was away on another case—Chabot, Nethercliff, and Inglis were my predecessors—Juries have not agreed with me in about 4 per cent. of the cases in which I have given evidence—I was previously in the Government service 13 years—I was an assistant examiner in the Marine Department.
Re-examined. I have examined the pencil memoranda found by the police—they are the same writing.
The prisoner, in his defence, on oath, said that he was not at the banks named on June 29th, and knew nothing about it.
Evidence for the Defence.
HENRY ALBERT BOXALL . I live at 15, Penrhyn Street, St. Pancras—I am a solicitor, but do not practise—I entered the Post Office service in February last year—on Saturday, June 29th, I was employed at the Parcels Office, Mount Pleasant, near the King's Cross Road, the old Clerkenwell Prison—my duties lasted from 7.30 to the end of the first delivery, which I finished from 10 to 10.45 a.m.—I am married—I have known the prisoner over 11 years—I saw him as I was coming out of the post-office in Calthorpe Street—he asked me, and we went into the Prince Albert public-house in the Gray's Inn Road for a drink—we stayed about a quarter of an hour—the landlord's son served the drink—the prisoner paid—he had money—then we walked to the Vicar of Wakefield, in Gray's Inn Road, and had another drink—we stayed 10 minutes—I left him at the corner of Gray's Inn Road and George Street, and reached home at 11.30 by the clock at the corner of Orange Street—I went on duty again at 3 p.m.—the prisoner wore a moustache.
Cross-examined. I left duty that day at 10.35—I was first spoken to about this on July 11th—I was outside the Police-court—I had received a letter from the prisoner asking me to meet him, and he and his wife had called to ask me to dinner on the Sunday—I was not at work three days last week, nor Saturday week—I was last at work on Tuesday week—I finished at 12.30—I am on sick leave—I finished my first delivery at ten—I could not answer for every day in that manner—I last took out my certificate in 1895—I was admitted a solicitor in 1894.
HENRY BROWN . I am a barman at the Prince of Wales public-house at the corner of Guildford Street and Gray's Inn Road—Boxall is a regular customer—I know the prisoner, only he has his moustache off—he was with Boxall drinking in the saloon bar on Saturday, June 29th, between 10.30 and 11—the saloon is not Boxall's usual bar, and that called my attention to it, and Boxall having his uniform on, and I heard their conversation—I spoke to Boxall about the time.
Cross-examined. Boxall comes into the four-ale bar after 10 or near 11—I was first asked about this when Boxall came the following Saturday and explained—I have known him as a customer since just before last Christmas—during all that time he wore a moustache.
WILLIAM WHITEHEAD COUSINS . I have resided at 186, Hampstead Road, for the last three years—I have known the prisoner a little over three years—I am a surveyor and auctioneer's assistant—I last saw the prisoner on Friday, June 28th—I took a special note of it—he called between 8.30 and 9 a.m., and asked me if I could lend him 30s.—he promised to meet me that night after ten at the corner of Princes Street—he did not come—it was Brighton races—I saw him between 11.30 and 11.40 on the Saturday at my place, when he paid me 30s., and said
he would lend me some money to buy furniture if I wanted it—he seemed as if he had had too much the night before, and quite enough then—he remained with me about half an hour—I made him a cup of tea, and went out and got a steak, which I insisted upon his having; then we walked to the corner of Grafton Street—I left him about 1.15, 1.20 or 1.30—soon after 3 o'clock he came up in a cab.
Cross-examined. I was first asked about this on July 6th—I swear it was not 1 o'clock when I parted with the prisoner, because the workmen were leaving McCorquodale's works, and they were half-way up the road each way, hundreds of men; it was a few minutes past one—the prisoner had his moustache off two years ago about this time of year; after that he had been wearing a moustache all the time; it was not heavy, but slight—I have since seen him constantly since, sometimes twice a day—I missed him for five months when the inventory work was on—I believe he had a moustache on Wednesday, July 3rd; on July 4th he had not—I have met a Mr. Grant—I saw him yesterday—before that a week ago—he was at my house—he said he came to bring my watch back, and that he had repaired it—I had given it him to repair—I had seen him a week or 10 days before that—I do not know Monson; I have never seen him—I have known Percy Norgate 10 or 12 years—shall I mention all the people I do know?—I know Wheatley—I do not know William Chapman—I knew Charles Warren, a clerk at Corbett's 25 years—I have not been in his company for four years—I do not know that he was sentenced to three years' penal servitude—I was not present when he was tried—I saw him tried—I saw part of the trial, but did not hear the sentence—George Charles Harris borrowed some money of me—he owes it still—I was present when he was tried—I cannot say what he got—he called himself a doctor's assistant—I believe he was convicted with Harris—I met Ada Rose Beryl with Warren—she is locked up, I believe—I think it is for 18 months—I knew her before she was tried.
Re-examined. I knew Jabez Balfour, who got 12 years at this Court—I lent money, and so came in contact with these persons—I have not been convicted—I have never acted for the Government, but I have been consulted by Charles Whitehead, and thanked for the information I gave—I have been employed semi-officially by the United States Government.
By the COURT. I have seen the prisoner write—he has done inventories for me—this writing, "To H. Phillipson, Esq., 77, Lancaster Gate," is not like he writes inventories; nor is the writing, "John Waddell & Sons."
GUILTY . He then PLEADED GUILTY to a conviction at Bow Street on June 4th, 1892, and convictions for assault were proved against him.— Three years' penal servitude.
OLD COURT.—Monday, July 29th, 1901.
Before Mr. Recorder.
MR. MUIR and MR. GUY STEPHENSON Prosecuted.
MR. MATHEWS, for the prisoner, contended that the Second Count was bad, as it did not contain all the averments (See Cooke v. Maxwell, 2 Sarkies' Reports, 185, and Reg. v. Smith (1 Crown Cases Reserved, p. 266.) The RECORDER ruled that the Second Count did contain all the necessary averments, and that the indictment was good. The prisoner thereupon withdrew his plea, and PLEADED GUILTY to the whole indictment. He received a good character.— Judgment respited.
NEW COURT.—Monday, July 29th, 1901.
Before Mr. Common Serjeant.
MR. CHARLES MATHEWS appeared for Ulmer, and MR. RANDOLPH
Ullmer received an excellent character.
NOT GUILTY .
Before Mr. Common Serjeant.
564. ALBERT EDWARD SAICH (31) and ARTHUR BARNES PLEADED GUILTY to stealing a gun and case, the property of the Great Eastern Railway Company. Barnes received a good character. To enter into recognizances. —And
(565) THOMAS HART (23) , to stealing a gold seal from the person of Robert Fielder, having been convicted on January 3rd, 1899. [Pleaded guilty. See original trial image.] Eight other convictions were proved against him. Three years' penal servitude.
566. THOMAS CAPPS (21), WALTER CAPPS (19), and EDWARD WILSON (19), Breaking and entering the dwelling-house of Joseph Williams, and stealing a suit of clothes and other articles, his property. THOMAS CAPPS PLEADED GUILTY .
MR. METCALFE Prosecuted.
JOSEPH WILLIAMS . I am a ropemaker, of 56, High Street, Stratford—on June 29th, about 3.30 p.m., I left the house—I locked the door, leaving only a dog there—I went back about 8.30—the police were there, and the box of the lock had been forced off—I missed a suit of clothes, a skirt, and a watch and chain, value about ₤12, from a box in the top front room—I have seen some of them since, but not all—these (Produced) are some of them; the maker's name has been torn off the clothes in two places, but it is still on the buttons—when I went out I saw Thomas Capps about 30 yards from the house; he held out his hand to me, and I dropped two-pence into it—my wife was with me—I was driving a car—the prisoners live near me.
ELIZABETH JANE CRESSADEN . I live at 129, Abbey Lane, Stratford—on June 29th, between 2 and 3 o'clock, I was in High Street, Stratford, and saw Thomas Capps push his back against the door of Mr. Williams' shop, and force it open—he went away, but afterwards went into the shop—I went over and spoke to him—I waited outside about 10 minutes, and
saw the other two prisoners walking up and down outside the shop—Thomas Capps came out and joined them, and they went up Marsh Lane together—I picked out the other two at the station from a number of others—I am sure they are the two men.
Cross-examined by W. Capps. I knew you before—when Thomas burst the door open the dog came out
JOHN STEVENSON . I live at 34, Lupus Lane, Stratford—on June 29th I was standing outside Hallett's shop, No. 54, which is next door to No. 56, and saw the three prisoners—Thomas put his shoulder against Mr. Williams' door, burst it open and ran away—I did not see him come back—I waited there, and saw him come out of the shop with a bag, which seemed full; the other two prisoners joined him, and all three walked towards Marsh Gate—about 11 o'clock the same night I was in Bow, and saw the two Capps; I knew Walter before; he gave me 1d. to buy a cigarette—I believe Walter saw me, because he stood quite close to me—I went to West Ham Police-station next day and picked out Thomas Capps from a number of people, and on the Monday I went again, and picked out the other two—I am sure they are the two men who were with Thomas Capps.
Cross-examined by W. Capps. I did not ask you for a cigarette; you pulled out 1d. and gave it to me.
Cross-examined by Wilson. The detective did not point you out to me; I picked you out.
BENJAMIN GULLEN (Detective Sergeant). On July 1st, about 11.15., I saw Walter Capps and Wilson outside the Police-court—Thomas Capps had been brought up by himself, and remanded—I knew Walter Capps, but I did not know Wilson—I beckoned Walter Capps to me and said, "Where is Wilson?"—he said, "He is over there"—I said, "Call him over"—he did so, and I asked Walter Capps what time he saw his brother Thomas on Saturday (they were not in custody then); he said, "Three o'clock, outside Marsh Gate; I saw him again at four"—I said to Wilson, "What time did you see him?"—he said, "Four o'clock, near the Woodman; I did not see him after"—Inspector Marshall then arrived—I told them that they would be put up for identification, and if identified, they would be charged—they were taken to the station, and identified without any hesitation—I did not point out either of them to Stevenson; they had not left the Court—they were called to identify him at 12 o'clock, or soon after—we could not arrest them on Sunday, and I made an arrangement to get them to the Police-court—I did not point them out to Stevenson; they were taken to the station while Stevenson was still in the Police-court—I deny that I was standing in the room when they were there; I knew that I was going to arrest them, and I purposely kept them back in the Court.
JOHN MARSHALL (Detective Officer). I arrested Thomas Capps—I saw Walter Capps on July 1st outside the Police-station with Wilson—I said to Walter, "I shall arrest you for stealing a quantity of clothing on Saturday afternoon"—he said, "I know nothing about it"—he was taken to the station, and identified from among other men—Thomas gave me information where the goods were, and I got them from the different pawnbrokers.
Tenth Session, 1900—1901. 739
Walter Capps, in his statement before the Magistrate, said that he was with his brother, but left him because he was intoxicated.
Evidence for Walter Capps.
GEORGE JAMES . I am a labourer—I live at 5, Abbey Lane, Stratford—on Saturday, June 29th, I was with Walter Capps from 11 till 3 p.m.—we started at 11.30 with a barge from Bruce, Croome & Co.'s, Cook's Bridge Wharf, Stratford—we took the barge to Marsh Gate Lane—we went ashore about 10 minutes—we went back to Cook's Lane again, and put another barge outside Bruce, Croome & Co.'s premises—we took it from the other side of Cook's Bridge, then we went into the premises, and remained till 2.10—we were in and out—we went to Marsh Gate, and had a drink in a public-house—I left Walter Capps about 2.40.
Cross-examined. 56, High Street, Stratford, is close to the Marsh Gate, where Joseph Williams' rope shop is.
Walter Capps, in his defence, said that they landed from the barge at 12 o'clock; that it was 2.45 by the clock at the Marsh Gate when they returned, and later when he left James; that he was working at the time, and was innocent. Wilson, in his defence, said he knew nothing about it.—The prisoners received good characters.
WALTER CAPPS and WILSON— GUILTY. Strongly recommended to mercy by the JURY .— To enter into recognizances. THOMAS CAPPS then PLEADED GUILTY to a conviction of felony at West Ham on December 16th, 1898. Six other convictions were proved against him.— Twelve months' hard labour.
Before Mr. Recorder.
MR. METCALFE Prosecuted, and MR. GILL, K.C., Defended.
During the progress of the case the RECORDER inquired whether there was any proof that the prisoner did not buy the horse in the open market. MR. METCALFE replied that there was not, and on MR. GILL stating that he was prepared to prove that the prisoner had been 25 years in the trade in a very large way, and bore a most excellent character, the JURY stopped the case, and returned a verdict of NOT GUILTY .
Before Mr. Justice Wills.
MR. MATHEWS Prosecuted, and MR. GEOGHEGAN Defended.
EDWARD SMYTH . I am now in the West Ham Workhouse—I am nine years old—I used to go to the Coalgrove Road Board School—I was in the First Standard—I used to live at home with my father and mother at 3, Chandos Road, East Stratford—my sister Harriett lived there, too—I have an elder brother—there are two twins and another little sister—we all lived in the same room on the third floor—my mother died on July 2nd—at dinner time I was at home to have my dinner; Harriett was there,
too—my sister says that my father came home at 2.30—I was not there—my mother did not come home at dinner time; Harriett gave me my dinner—I do not know what time I went back to school—I heard the school bell, and I went back then—I came home after school; I do not know the time—when I got home my father, Harriett, and the two babies were in the room—my father brought in some herrings for tea—he gave them to Harriett to cook—she cooked them, and we sat down to tea—whilst we were having tea mother came in and started singing—she hit Daddy on the back, and she threw a flower at him—she then sat on a chair—she did not sit at the table, or have any tea—Harriett went out to get her boots, leaving my father, mother, myself, and the two babies in the room—Daddy got up and hit mother in the eye—he did not say anything—mother had been swearing at him—she fell over, and her head went on to an iron pail which was near the door—father then kicked her twice on the boot and once on the bottom of the stomach—he had his boots on—she said she would not put up with all this—she got up and said to father, "Go out of the room"—I saw a lot of blood on the floor, near where mother had been lying—father went to get his hat and clothes—he put them on, and then mother would not let him go out; he went and sat down on the bed—mother then told him to go out of the room—Harriett then came back, and father went out—mother went out after him to get him back—I heard a fall—Harriett then went out after mother—I stayed in the room—I told Harriett to wipe the blood up—I helped her—we wiped it up with one of my big sister's dirty pinneys—there was a flannel in the pail—we used that too; we put the blood into a wooden pail, and when my brother came home from work he emptied it down the w.c.
Cross-examined. Mother was standing up when Daddy hit her in the eye—she was fully dressed—father kicked her when she was on the ground—when she got up she tried to prevent him from going out—they struggled together, and he fell back on the bed—she fell on the bed—my sister came in and got hold of mother, and prevented her striking father—mother tried to get away from my sister.
HARRIETT SMYTH . I am 12 years old, and lived at 3, Chandos Road, East Stratford, with my father, mother, and brothers and sisters—my father is a blacksmith—on Tuesday, July 2nd, my mother went out about 9 a.m.—father had left for work by that time—he came back about 1 o'clock, his usual dinner time—there was no dinner for him—he left some money for us to get some with, and went back to his work—about 1.45 mother came in, the worse for drink—she was in the habit of drinking; she remained in doors about 15 minutes, and then went out again—she came in again about 3 p.m. with another woman; she was worse then than she had been at 1.45—she and her friend went out again, and she was out when father came home about 5.30—he had had a drop to drink, but not much—he was not actually drunk—he brought some kippers in, which he gave to me, and I cooked them—my father and my brothers and sisters and myself sat down to tea—mother came in—she had had some drink; she fell about—my brother Phillip went out, and then mother began to sing, and called father names—she had some rosebuds in her hand—she threw them across the table, and they went into father's plate—my father told me to
get some boots which I wanted—I was out above five minutes—when I returned I noticed that mother had a black eye—she was bleeding—the blood was coming from underneath her skirt—she was then sitting on a chair—I saw blood on her stockings and shoes, and also on the floor and mat—she got up and went over to father, who was sitting on a chair beside the table—she punched him in the back with her fist and said, "I will have it, I will have my revenge; you are not going to knock me about as you like"—he got up and went and sat on the bed—she followed him, and punched him again—he got up and said he was going out—when she was punching him he was laughing and treating it as a joke—he went to get his coat, which was hanging up in front of the door on the wall—he got on to the bed, and mother laid hold of him by his shirt sleeves—she then lay on the bed with her legs dangling on the floor—father was still laying on his arm at the foot of the bed—mother stayed on the bed two or three minutes, and then asked me to get her a pillow—there was more blood then than when I first came into the room—I put the pillow on the floor for her, and she lay down on it—she said she should bleed to death—I could see that the blood was still coming from her—when mother said she should bleed to death father got his clothes and went out of the room—mother said, as he went out, "I will see the last of you before I go"—she followed him out—after she had gone I saw a lot of blood on the floor—I wiped it up with some water in the pail and with some rags; it was afterwards taken down stairs and thrown away—I went out to get some water to give the babies to drink—I saw mother go down the first flight of six stairs—they are wooden stairs—she started to go down the next flight—I went into the room, and I heard a fall—I ran out and found mother lying at the bottom of the stairs—there is a sewing machine on the next landing—her head was resting on the bar of the machine—after a short time my father came up; he sent me for a doctor—when I came back I found my mother still lying on the stairs—she was taken upstairs into our room—she was dead at the time.
Cross-examined. There is a table in the room—there is no chest of drawers—there are two iron bedsteads and nine chairs—the dinner was cooked down stairs as a rule—there were no boxes in the room.
MAUD TRIGGS . I am the wife of Walter Triggs, of 3, Chandos Road, Stratford—I live on the ground floor at the house where the prisoner and his wife lodged—they lived on the top floor—I heard Harriett call out on the afternoon of July 2nd—I went up and found the deceased lying on the landing on the second floor, her head resting on the bar which joins the two legs of the sewing machine—I gave her what assistance I could, and gave her some water—I ran down stairs to the w.c., and knocked at the door to speak to the prisoner—I said, "I think your wife has hurt herself; she has fallen down the stairs"—he said, "A good job, too," or "Serve her right," I cannot say which—I returned upstairs, and a short time afterwards the prisoner came up—I noticed a lot of blood under the deceased's clothing and on the stairs.
SIDNEY RICHARD NICHOLLS . I am a registered medical practitioner, of 185, Leytonstone Road, Stratford—about 5.45 p.m. on July 2nd I was called to 3, Chandos Road, Stratford—I found the deceased lying at the
bottom of a flight of stairs—the prisoner was supporting her head on his knees—she was alive then; within a minute of my arrival she died—I saw a large quantity of blood on the landing, some of it dropping down to the landing below—her clothes were saturated with blood; it was coming from her under garments—the prisoner made some remark having reference to the fact that his wife was dying—I told him that was so—I asked him to fetch a policeman—he went away and returned with one—the deceased was placed on the bed in their own room—I made an examination of her body—I found a number of blood clots about the lower part of her body, and a bruise over her right eye—a strong smell of alcohol came from her—the prisoner was excited—I think he had been drinking—I do not think he was drunk.
EDWARD JONES (672 K). On July 2nd the prisoner called me, and I went to 3, Chandos Road—I found the deceased at the bottom of the stairs—a doctor was there, and at his request the prisoner and I carried her upstairs—I noticed blood on the stairs and along the passage into the front room upstairs, which I understood to be the prisoner's room—I said to the prisoner, "How comes the blood to be about here?"—he said, "I don't know nothing about it; I was in the w.c. when someone knocked at the door and cried out, 'Your wife has fallen downstairs'; I said, 'Serve her right'"—I noticed stains of blood on the floor of the bedroom and on the deceased's clothes.
WALTER ATKINS GROGONO . I am Divisional Surgeon of Police, and live at Berwick House, Stratford—on July 2nd I saw the deceased lying on the bed in the room at the top of the house—on the right side of her face I saw a bruise, and on both elbows, and severe injuries to the vulva and vagina—blood was coming from the vagina—the clothing was saturated with blood—I also found a bruise on the right thigh and one over the right ear—she was dead when I first saw her—on July 3rd I made a postmortem examination; I found a lacerated wound extending from the vagina into the rectum—the cause of death was loss of blood, the result of the injuries received, which were grave—it would require considerable violence to produce; it could be inflicted by a man kicking her while lying on the ground, if he had his boots on—there must have been, in my opinion, a direct kick to the parts themselves.
Cross-examined. I said before the Coroner, "The injuries could have been caused by a fall on a blunt substance."
GEORGE TAYLOR (Police Inspector). I was present at the inquest on the body of the deceased on July 11th and 13th—in consequence of the verdict of the Coroner's Jury, I arrested the prisoner on the 13th at Stratford Petty Sessions—I told him what the charge was; he made no reply.
The prisoner's statement before the Magistrate: "I am not guilty of ever kicking her in any way. I went home to my tea. There was nobody there. Harriett cooked me some tea. Whilst I was having it my wife came indoors. She started singing and swearing. I said, 'That's a nice state to come home to your children, isn't it? and every day last week the same; you are getting worse.' She came at me; she came towards me, as I sat on that chair, to fight; I pushed her away from me. She fell down between the bedstead and the table; she was very drunk. There
was not above 2ft. of room between the two bedsteads and table. The centre of the table stood down, and was bigger than the body of the table. She got up again and started swearing again, and came after me again. I stood up to get away, to go out. She would not let me, but kept hold of me, and I hit her in the eye. She had no mark above the eye, as Dr. Nicholls said. It was on the bottom of the cheek. She got up again and came after me again. I turned my back towards her, and leaned on the bed, with my hands to my ears, so that she should not scratch me; she started fighting me at the back of my neck. When I got up I saw there was blood coming from her. I said, 'Look at the state you are in,' and she said, 'A b——good job too.' Then, when Harriett came in, she got hold of her mother and started crying and saying, 'Why, don't you let Daddy go out? He don't want to make a row; it is you making the row.' She said, 'b———your Daddy'; she sat on the bed. I got out of the room, and went downstairs to the w.c. I didn't take notice of the blood at all. I didn't think it was going to cause death. A lady downstairs knocked at the door of the w.c, and said, 'Your wife has fallen downstairs, Mr. Smyth, and has hurt herself.' I hardly know whether I said, 'Serve her right,' or 'A good job.' I dressed myself, and went upstairs as quick as I could, and saw her lying at the bottom of the stairs. I sent Harriett for a doctor. Whilst she was gone I put her head upwards on the stairs, and her feet down where her head had been. I had her on my arm when the doctor came in. I did not speak to the doctor. He said, 'She is dying.' I said, 'I know it.' Almost as soon as the words were spoken she died. My boy Ted didn't know anything about the day of the month; he must have been told; and as regards the time, there was no clock in the room, and he cannot tell it if there had been. My wife was a very violent woman when in beer."
GUILTY. Strongly recommended to mercy by the JURY .— Four years' penal servitude.
MR. A. GILL Prosecuted, and MR. CLARKE HALL Defended.
MARY ANN CALLAGHAN . I live at 45, South Grove, Walthamstow—I shall be 20 on my next birthday—the deceased was my sister—the prisoner is my stepfather—we all lived together with my brother, Thomas Callaghan—about 11.30 p.m. on July 1st I was in the kitchen with my father and sister—the table was against the window; one chair was on the scullery door side of the table—my father was standing up when I saw him—the lamp was on the table—I was not at home when my brother came in—I came in and found him in the room—he and the prisoner were quarrelling—I cannot remember what was said—I stood in between them, because I thought they were going to strike blows—suddenly the place was in darkness—I did not see what happened—the deceased was standing by the door in a corner before the place became dark; the prisoner was near the scullery, and my brother at the kitchen door near the landing—my sister ran downstairs, all in flames—I went after her; the
prisoner also came out—this mark on the plan represents a mark by the door; it was not there before the room became dark—I saw parts of the lamp afterwards scattered about the place; this is a part of it (Produced)—I saw that under the chair nearest the landing door; I did not pick it up.
Cross-examined. I was standing at the middle of the table when the room became dark—I did not see any flash or light go past me—the chair nearest the landing is some way from the wall—there was a glass chimney to the lamp; I saw it after the accident—it was not broken; it was on the table; it is a heavy lamp—I did not hear any crash—the prisoner has always been very kind to me and my sister—he has had a good deal of trouble with my brother—the prisoner has always been a hard-working and respectable man.
Re-examined. I did not see the chimney on the floor.
THOMAS HENRY CALLAGHAN . I live at 45, South Grove, Walthamstow, and am a labourer—on July 1st I got home about 11 p.m.; I went into the kitchen, where the prisoner, the deceased, and my mother were—I did not have any conversation with the prisoner at first—I asked my mother for two or three halfpence, as I was going to work the next morning—the prisoner said, "You do as I used to do, walk"—he went on kicking up a row; he called me a rogue, twice—I crossed the room and hit him—my mother said, "Why don't you go on out, then?"—I said, "All right, then I will go out"—I went and opened the door, and away came the lamp at me—I cannot tell you how it was thrown—I opened the door and went downstairs—my sister followed me all in flames—I and the constable tried to set her out—I saw the lamp on the table—the prisoner was on the other side of the table—I saw him pick the lamp up, but I cannot say if he aimed it at me—directly I saw it I opened the door and went out—I did not see the lamp strike the wall—my sister was about 2ft. away from me—before the prisoner took the lamp up he had taken a chair to hit me with, but he put it down again.
Cross-examined. When the lamp came at me the door was not open—I had my hand on the door handle—I must have opened the door, as it hit the wall—my father has not had a good deal of trouble with me——I have not been dismissed from several employers except when they had no more work—the prisoner has complained about my doing no work—he has had to support me when I have been out of work, but I have had to support him when he has been out of work—I did not hit him hard on this night—I hit him on the nose with my fist—I did not mean to hit him as hard as I did—he would have hit me if I had not hit him—he attempted to hit me after I had hit him, when the constable was with me.
By the COURT. I am in custody now for debt; not for rent, for bastardy.
ARTHUR DASHFIELD (109 N). On July 1st, about 11.40 p.m, I was in South Grove, Walthamstow—I heard screams from No. 45—I saw a girl run out in flames—I tried to catch hold of her; she caught hold of me; I took my tunic off and put it round her, and put the flames out—just as I put them out the sergeant came up and said, "Where is the man?"—the prisoner came out—I caught hold of him—he said, "I shal not go; I threw the lamp at him, not at her."
Cross-examined. I did not take down what was said; I was not excited at the time—it was an unusual thing to see—the prisoner did not say, "I did it, but I did not mean to hurt my daughter."
TIMOTHY WALLIS (64 N). I saw the deceased in South Grove at 11.40 on July 1st—the flames were not all out—I assisted to put some of them out—the prisoner came out of the house—I took him into custody—I did not say what for, because I did not then know what had taken place—he said, "Don't handle me, or I shan't go; I threw the lamp; I did not throw it at my daughter"—I took the deceased to the Walthamstow Hospital—I was present when the prisoner was charged with causing grievous bodily harm by throwing a lighted lamp at his stepson—he made no answer—I went back to 45, South Grove about 12.30 p.m., and went into the prisoner's kitchen—I found the fragments of the lamp which have been produced; the bottom portion was lying about 3ft. from the door leading into the kitchen, close to the table leg—the piece of glass was lying alongside it, but the firemen had been there in my absence—this is all tht glass I found there.
Cross-examined. I did not think it necessary to interview the firemen to see if the lamp had been moved—I saw the place on the wall where the paper was scorched.
BEATRICE LULLABOND . I am a registered medical practitioner, and an M.D. of London, at Walthamstow Hospital—on July 1st, about 12 midnight, I received the deceased there—she was suffering from burns all over—she lived for just 36 hours—she died from shock, the result of the burns.
(MR. GILL submitted that the deposition of the deceased, taken before a Magistrate at the hospital, was admissible, although the deceased was in such a state that she was unable to sign it or to make her mark. (See 11 and 12 Vic., cap. 42, sec. 19.)
GEORGE SAMUEL MALLER . I am assistant clerk to the Justices at Stratford Petty Sessions—on July 2nd I was acting as Clerk of the Court when the prisoner was charged with inflicting grievous bodily harm upon Amelia Maud Callaghan—Colonel Garratt was the Chairman—the case was adjourned till the following Saturday—in the course of the day I received certain information; I sent for Colonel Garratt, and attended with him at Walthamstow Hospital—the prisoner was there—the deceased's deposition was taken; she was sworn in the ordinary way—the prisoner had an opportunity of cross-examining her, and he exercised it—I asked if the deceased could sign her deposition, and tendered the pen—she said she could not hold it; then I referred to the doctor, and asked if she was able—the doctor felt her finger, and said it was quite impossible her fingers were all bound up, and also that pressure was not to be brought on her fingers—the deposition was read over to her, and consented to by her as correct—Colonel Garratt signed it then; he was one of the Magistrates who ultimately committed the prisoner for trial.
Cross-examined. I suggested that the deceased should make a mark—no evidence was given upon oath by the doctor as to whether she could make a mark.
By the COURT. The same objection was raised to the mark as to the writing.
BEATRICE LULLABOND (Re-examined). In my opinion the deceased was in such a condition that her hands ought to have been kept covered—we could not have unbound them without doing her harm—I cannot say if she could not have signed if she had tried, but she was badly burned; she could not do so, bound up as she was.
Cross-examined. I cannot say if it would have been impossible for her to make a mark at all—no attempt was made to make a mark, with her hands bound up.
MR. JUSTICE WILLS ruled that the deposition was admissible, which was then read. (This stated that on July1st, about 11p.m., her brother and stepfather had a bit of a quarrel, during which her father picked up the lamp, and threw it at her brother, who was running downstairs; that she was standing between them; that the lamp struck the wall, and fell on the floor; that she ran downstairs inflames; that her father tried to put them out, but that a constable did so, and on being cross-examined by the prisoner, said that her brother struck him in the face before he threw the lamp.)
The prisoner, in his defence, on oath, said that his stepson hit him a terrific blow on the nose with his fist; that he called him a rogue; that he saw him coming at him again; that he moved the lamp on the table, and that, to his surprise, it went out; that the top of the lamp fell, leaving the lower portion in his hand; that he had no intention of throwing it at anyone; what he did he merely did to frighten his stepson.
GUILTY under great provocation. Recommended to mercy by the JURY.— Twelve months' hard labour.
Before Mr. Justice Wills.
MR. RANDOLPH Prosecuted, and MR. STEWART Defended
NOT GUILTY .
MR. HUTTON Prosecuted, and MR. ELLIOTT Defended.
The prisoner stated that he was GUILTY of the attempt, and the JURY returned that verdict. (See next case.)
The prisoner stated that he was GUILTY of the attempt, and the JURY returned that verdict. (See next case.)
The prisoner submitted that he was GUILTY of the attempt, and the JURY returned that verdict. (See next case.)
The prisoner stated that he was GUILTY of the attempt, and the JURY returned that verdict. (See next case.)
The prisoner stated that he was GUILTY of the attempt, and the JURY returned that verdict. — Two years' hard labour.
Before Mr. Recorder.
Before Mr. Common Serjeant.
(578) JAMES PEGG (22) and the said WILLIAM WATERHOUSE , to breaking and entering the shop of Arthur Overill and another, and stealing two coats and other property; Pegg having been convicted of felony at York on April 20th, 1900. [Pleaded guilty. See original trial image.] Nine other convictions were proved against PEGG. Eighteen months' hard labour; WATERHOUSE, Twelve months' hard labour.
Before Mr. Justice Wills.
MR. CHARLES MATHEWS and MR. BODKIN Prosecuted, and MR. CLARKE HALL Defended.
ADELE RUSSELL . I live at Brand, Loughborough—I had a daughter named Amy Eugenie Russell—she was single, and at the time of her death was about 35 years old—she lived in lodgings at 33, Railton Road, Brixton, and had a child about 14 years of age—she was in receipt of an allowance of ₤16 a month; she also supported herself by doing some needlework at her lodgings—I last saw her alive on May 30th—I saw her dead body at the mortuary at Loughborough on June 28th.
LUCY GOODALL . I live at 33, Railton Road, Brixton—I let lodgings there to the deceased—she had lodged with me about seven months—I have seen the prisoner there about three times, but more frequently outside the house after we forbade him to come—he came in drunk once, and the next day when he came I and my husband told him he must not come again—I know the deceased has gone out to meet him—I have not seen them meet.
I generally saw him at my house about midnight—a stout young woman was always with him—I do not know her by name—they were in my house about 12.10 p.m. on June 26th, and stayed till closing time, 12.30—they had a glass of mild and bitter each—they were quarrelling, and the woman was crying—I asked her what she was crying for—the prisoner said, "She is such a sensitive woman"—she said that life was not worth living—I said to her, "Well, you will be a long time dead"—the prisoner said, "If life is not worth living you will die to-night"—he produced something from his pocket, I could not see what, and said, "This will do it; you die to-night"—I could not see what was done with what he took out of his pocket—they left together; I had to hurry them out—I saw no more of them.
Cross-examined. On this night they were the same as other nights, except that he threatened to kill her—I am sure he said to me, "She is a sensitive woman"—I did not say before the Magistrate, "She was crying; he said to her, 'You are so sensitive'"—that must be misconstrued—he did not say, "If life is not worth living you might as well die to-night"—I did not say before the Magistrate, "This will do it," when he took something from his pocket; it did not occur to me, and I was not asked the question.
WILLIAM GOODE (Police Sergeant, 55 M). I was on duty on the night of June 26th at Brixton Hill—I have been on duty there for the past 12 months—I have frequently seen the prisoner there, generally between twelve and three at night—sometimes he was alone and sometimes with the deceased—I knew her well—she was short and very stout—the prisoner is a clerk—on June 27th, about 1.15 a.m., I saw him in Josephine Avenue, Brixton Hill, with the deceased—they appeared to be quarrelling—they were talking in a very loud tone—I advised them to go home—the prisoner said, "All right"—deceased said, "Come on, Percy"—they went towards Dalberg Road—between 4 and 5 a.m. the same morning I was at the Police-station at Brixton—I saw the prisoner there in custody—the same morning I went to the Loughborough mortuary, and saw the body of the same woman whom I had seen with the prisoner.
Cross-examined. I did not see the prisoner and the deceased day after day, but frequently.
HERBERT REUBEN EVERY . I live at 49, Alma Road, Brixton—on the early morning of June 27th I got out of a tramcar at Brixton Station, and walked down Alma Road—I was smoking, and to finish my smoking, I walked along Jelf Road, across Rattray Road, and in the direction of Dalberg Road—when I was near the end of Jelf Road, where it goes into Dalberg Road, I saw a man and woman on the right-hand side of the road as I was proceeding up; they were walking together very slowly—I cannot describe the man; he seemed to be rather tall, in dark clothes; she was shorter than he was, and rather stout—they were going towards Rattray Road, in the opposite direction to myself, but on the opposite side of the road—I walked on, and went up Dalberg Road; I got into Barnwell Road, and turned to the right, then to the right again, up Water Lane—I turned into Effra Road, Brixton, as far as Morval Road; I turned again to my right, and got into Rattray Road again—at the corner of Rattray Road I heard some terrible screams from the direction of Jelf
Road—when I got to Jelf Road I did not see anything except a dark stream on the pavement—I ran into Dalberg Road, and saw a woman standing on the pavement near the kerb, slightly swaying—I went up to her and asked her what was the matter—she said, "Sir, he has cut my throat"—I saw dark stains on her dress and coat—she half turned, and fell full length in the road—I bent over her, to ask who had done it; she did not answer—I went back to the corner of Jelf Road, and saw a man in his shirtsleeves—he went for a doctor—I went and knocked at the first house for help, and then, when I went out at the gate, I saw Mr. Edwards at his window—he came out with a towel or something of that description—we went to the woman and lifted her up between us, and Mr. Edwards wrapped the towel round her throat—I left him with her, and went to the police-station—I returned with an ambulance, and found a doctor attending to her—as I first ran round the corner to the woman I looked round to see if I could see anybody, but I could not.
WILLIAM EDWARDS . I am a civil engineer, of 60, Dalberg Road, Brixton—on the early morning of June 27th I was in bed—I was awakened about 1.45 or 1.50 a.m. by someone calling "Help!" several times—I went to the window, which opens on to Dalberg Road—I saw a woman turn the corner from Jelf Road and come down Dalberg Road—after they got about 10 yards down, a tall man came after her—he went up to her and caught hold of her left arm and said, "What are you shouting for? hold your tongue"—he then put his left hand up to her throat and said, "What is this, blood?"—he turned round and walked in the opposite direction, and she shouted out, "My throat is cut"—she was then walking in the direction of Brixton Road, down Dalberg Road—she walked about 10 yards, and then fell right on her face on the pavement, and her feet in the gutter—I slipped on some clothes, and, taking a towel, went to where she was lying—I unbuttoned her dress, and found her throat was cut—I bound the towel round her neck, and remained with her till the police came, and I despatched my wife for Dr. Dunster—the woman's throat still continued to bleed profusely—I cannot identify the tall man; I am too near-sighted, and it was too dark to see his features.
Cross-examined. My house is 10 or 12 yards from the corner of Jelf Road—my window was wide open—it was about three minutes from the time I first heard cries of "Help!" till the woman came round the corner—she seemed to walk all right before the man went up to her, and after he walked away she continued to walk in the same direction for about 10 yards—just before she fell she wavered.
ROBERT MOYE (394 W). I was on duty in Mervan Road on the early morning of June 27th—I heard shouts of "Police!" coming from Dalberg Road—I went there, and found a woman lying on the ground near No. 60—William Edwards was there—the woman was dead when I first saw her—Dr. Dunster and another doctor came, and the body was taken to the mortuary—I noticed that her skirt pocket was turned inside out—there was nothing lying on the ground near her—I noticed some tracks of blood starting from Jelf Road about half way between Rattray Road and Dalberg Road—I followed the track; it went along Rattray Road, along Probert Road and Alma Road into Kerrick Road,
and then into Atlantic Road, down to the corner of Electric Avenue—in consequence of something that was said to me I ceased to follow the track, and went at once to the police-station.
ROBERT DUNSTER . I am surgeon and physician, of 90, Kerrick Road, Brixton—about 2 a.m. on June 27th I was called by the police to Dalberg Road, where I saw the dead body of a woman lying in the gutter beside the kerb; Dr. Niall was there before me—she had a severe wound on the right side of her throat; by the time I arrived she was dead—her clothes were blood-stained—under my direction, the body was moved to the mortuary, where I made a complete examination of it—the wound on her throat started on the left side just over the middle line, in a skin-cut, and then passed to the right and ended deeply—it was 4in. or 5in. in length, and cut the deep and superficial vessels of the neck—it would require considerable force to inflict, and, in my opinion, was inflicted by some sharp instrument, such as a razor—below it, and running parallel with it there was a skin cut about 3in. long—in my opinion it was inflicted distinctly from the other, upon some other occasion—on the left fore arm I found another subcutaneous wound about 2in. long—there was a cut on each of the first and second fingers of the left hand—I think they reached to the bone—all these other wounds were such as would be inflicted by a sharp instrument like a razor—I did not make a postmortem examination; that was unnecessary, as I was able to arrive at the cause of death—it was caused by hemorrhage from the cut in the throat.
Cross-examined. The skin cut on the throat was quite superficial—the slightest drawing of a razor past the throat would produce such a cut as that—the wounds on the hands would, no doubt, be caused by a struggle—I did not see a wound on the prisoner's hands—I heard they were cut—it was the pulp on the woman's hand which was cut—it is difficult to say if the second wound in the throat was inflicted in a struggle.
ALEXANDER HAZEMAN . I keep a coffee-stall—I was standing with it at the corner of Atlantic Road and Brixton Road on the early morning of July 27th—the prisoner has been a customer at my stall over two years, and the deceased used to come with him at times—about 1.58 a.m. on July 27th the prisoner came alone to my stall from the direction of Atlantic Road—he asked for some coffee—when he paid for it I said, "Hullo, Percy, what have you been doing?"—both his hands were smothered in blood—he said, "Oh, it is all right, old boy; I know what I have been doing"—he stood at the stall about 15 minutes—he called for a packet of Woodbine cigarettes—I served him with a packet—he took one out and put it into his mouth, but the blood from his fingers saturated the paper, and he threw it under the stall, because he could not light it—another customer took one of the cigarettes from the packet, lit it for him, and gave it to him, and said to him, "What have you been doing? have you been punching the railway arches up?"—he paid, "Oh! I know what I have been doing"—he called far a second cup of coffee—I declined to serve him on account of the state of his hands; he kept putting them on the counter, and covered it with blood—he left the stall and went in the direction of Acre Lane and Mr. Peachy's stall.
Cross-examined. I have known the deceased about 18 months—they have constantly been out at night together—on this night the prisoner's
manner did not strike me as peculiar; he seemed the same as usual—I thought he at times drank a great deal, but I never saw him in a public-house.
Re-examined. On this night he did not strike me as being under the influence of drink.
ERNEST PEACHY . I live at 17, Cornwall Road, Brixton, and have been the attendant for seven weeks at the coffee-stall placed at the corner of Acre Lane, Brixton—the prisoner has been a customer there for that time—on June 25th he was at the stall—he said to another customer, "b——it not a d—shame you can never get a thing done in Brixton?"—the customer said, "What is that?"—he said, "I took this razor to the barber's in Hardwell Road to get it ground," and that as it was not done he brought it away—he showed the customer the razor—he took it from the inside pocket of his coat—I saw it, too—it had a brown bone handle—the customer said, "I would shove it back in your pocket if I was you, old man"—the prisoner put it back—this (Produced) is like it, but it had no blood on it then—I saw the prisoner again between 2.10 and 2.15 a.m. on the 27th—he came to the station from the direction of Effra Road; he asked for a cup of coffee—I served him with it—when he paid for it I noticed blood on his hands—I said, "What is the matter with your hands?—he said, "Oh, I have only been in a little bit of a fight"—I said, "Why, don't you wash it off?"—he said, "It is just as good on as it is off; let it be till the morning, so that they can see what has been done"—blood was then coming from both his hands, but from his left hand mostly—he remained at the stall till about 2.30—whilst he was there I saw the police go by with the ambulance—I said, "I wonder where that is going?"—the prisoner said, "I suppose for some poor drunken man"—it was coming from the direction of the police-station.
WILLIAM PARKER (Inspector, W). About 2.30 a.m. on June 27th I went to Dalberg Road, and was shown the spot where the woman's body was found—I noticed a track of blood, which I followed from there into the Atlantic Road to the corner of Electric Avenue, then to the coffee-stall at the corner of Acre Lane, then to Hazeman's coffee-stall—it went into the Brixton Road, along Ferndale Road as far as the fire station, and no further—I afterwards went to 40, Santley Street—a person going from Hazeman's coffee-stall to Santley Street by the Ferndale Road would pass the fire station—at 40, Santley Street I went with Inspector Allen and Sergeant Hawkins on to the first floor, and in a back room I found the prisoner—he was undressed and in bed with his brother—his hands were covered with blood—I found his clothing in the room; it was bloody—his boots were also covered with blood—in the prisoner's hearing his brother said that the clothing belonged to the prisoner—the prisoner did not say anything to that—I also found this razor in the room, on the top of a chest of drawers; it was wet with blood—as I opened it a spot of blood dropped from it—the prisoner's brother, in the prisoner's presence, said it was his.
BENJAMIN ALLEN (Detective Inspector, W). About 4 a.m. on June 27th I went with the last witness to 40, Santley Street—I saw the prisoner there—I said to him, "Are you Percy Wickham?"—he said, "Yes"—I said, "I am a police officer, and shall arrest you for the murder of a
woman this morning"—he made no reply—I said, "Do you understand?"—he said, "Yes"—I took him to the station, where he was charged with the murder of Eugenie Russell—the charge was read over to him—he said, "Yes, yes"—I said, "Do you understand it?"—he said, "No; you can charge me with what you like, drunk and disorderly, or anything else"—he gave his name as Ernest Walter Wickham, his age as 40, his occupation as a clerk, and his address, 40, Santley Street.
Cross-examined. His manner struck me as strange when I put the questions to him; he was greatly excited—I cannot say if he had been drinking; he was certainly not drunk—I should say that he had been drinking heavily.
Re-examined. I should say, by his manner, that he had been drinking heavily for days.
GEORGE BREBER SCOTT, M.D . I practise at 410, Brixton Road; I am also Divisional Surgeon of Police—about 4.25 a.m. on June 27th I was called to the Brixton Hill police station, where I saw the prisoner—on the right hand, in front of the last joint on his first finger, there was a clean incision, about 1/2 in. in length, quite superficial—crossing obl✗bquely over the pulp of the thumb there was a large incision about 3/4 in. long—on the left hand, under the knuckles of his first and middle fingers, there were quite superficial wounds, in which the skin had been shaved off completely; on the second finger there was a tag of skin left—there was no skin cut inside the hand—the wounds on the left hand must have been caused by a very sharp instrument—the prisoner was very excitable—I did not form any definite opinion as to what was the cause of his condition.
Cross-examined. The wounds on the right hand might have been caused by two persons struggling for a razor—the prisoner's state would be consistent with his drinking heavily for some time—I cannot say if his constitution and will had been weakened by drinking; I saw him for such a short time.
GUILTY .— DEATH .
MR. A. GILL Prosecuted.
ELEANOR WELLARD . I am the prisoner's daughter—on January 31st my father was taken to the workhouse—he remained there till about March 18th—when he returned he said we were trying to get him back again to the asylum—on March 26th, about 9.30 a.m., I went out, leaving my father and mother at home—they seemed to be on good terms—when I came back I found my mother was seriously injured—this axe (Produced) was kept in the kitchen.
ANNIE GABRIEL . I am the wife of William Gabriel, and live at 102, Tynham Road, Battersea, which is next door to where the prisoner lived—on March 26th, about 9.45 a.m., I heard screams from next door—I knocked at the wall staircase, and then went to the street door and knocked with the knocker—I fetched a constable—Frank Wellard, the prisoner's son, came and opened the door from the outside with a key—I went in with a constable—I saw the prisoner coming downstairs—
his hands were covered with blood—I said to him, "Oh, Mr. Wellard, what have you done?"—he said, "I have done for her"—I went upstairs and found Mrs. Wellard leaning on the bed in the back room, bleeding from her head—the constable came in, too—a doctor was called.
EDWARD DARTNELL (701 V). I was called to 104, Tynham Road about 9.50 a.m. on March 26th—going upstairs, I saw the prisoner—he said, "I have done for my wife; I have murdered her"—I saw an axe there—he said, "I have done it, I done it with the axe lying down in the room"—there was some blood and hair on the axe—I saw Mrs. Willard there; she was sitting on the bed; she did not speak—I got a doctor, and had her removed to the hospital.
Cross-examined by the prisoner. I am quite sure those are the words you used—you told me to fetch a doctor, and that she was not dead.
CECIL RUPERT . I am the Medical Superintendent at Bolingbroke Hospital—I saw Emily Wellard on the morning of March 26th—she was suffering from a compound comminuted fracture of the left temporal and parietal bones, a laceration of the brain, and seven other contused scalp wounds, and fractures of the first and fourth fingers of the right hand—she was unconscious—some heavy instrument would have caused the wounds—she has progressed very satisfactorily, considering the serious nature of the wounds—she is not well yet—we removed some of the bone and some of the brain—I hope she will recover—she is conscious at present—if she acted for herself now or got excited, it might seriously injure the brain.
DR. ELIHU THEOPHILUS WHITEHEAD . I attended the prisoner at 104, Tynham Road on two or three occasions during 1900—on January 4th, 1901, I was called in by his wife—he was very sullen, morose, and suspicious, and complaining of pains in his head—I attended him up to January 30th—I formed the opinion that he was not responsible for his actions—I certified him to be suffering from delusions, and requiring to be placed under restraint—he went first to the infirmary, and then to Hanwell—I was called to attend on Mrs. Wellard on March 26th—I saw the prisoner then; he was in the kitchen—he seemed utterly indifferent to what he had done, and not responsible for his actions.
ROBERT READ ALEXANDER . I am Medical Superintendent of the London County Lunatic Asylum, Hanwell—the prisoner was received there on February 12th, and remained there till March 18th—he was very depressed and apathetic—he got better, and was losing the delusions attributed to him in the medical certificate accompanying his admission—I said to him, "Have you any delusions regarding a conspiracy against you in which your wife is mixed up?"—he said, "I had, but now I have almost entirely got rid of them"—he said that the day after he came—he went on making improvement—he was employed on the farm—he did not seem to have any animosity towards anyone—on March 1st I sent a notice to his wife, and he was released on trial on March 18th.
Cross-examined. I could not see much the matter with you when you left—I hoped that in four weeks you would be able to have your final discharge.
observation on his mental condition—I have conversed with him—he has delusions—he said he thought his wife had been unfaithful, and in order to try and screen that from him she was making attempts to put poison in his food, and that that had been going on for some time—while at the prison he had ideas that poison was being administered to him—I considered them to be genuine delusions—he said he first began to suspect his wife about last Christmas—I think on March 26th he was of unsound mind, and incapable of defining between right and wrong.
The prisoner's defence: I remember doing something. The delusions I thought were real; I am very grieved at what I have done.
GUILTY, but not responsible at the time. — To be detained during His Majesty's pleasure.
Before Mr. Common Serjeant.
581. JOSEPH BROOKS (24) PLEADED GUILTY to feloniously, in the name of Charles Brooks, acknowledging a recognizance before George Millard, a person lawfully authorised in that behalf.— Two months' hard labour.
ADJOURNED TO TUESDAY, SEPTEMBER 10TH, 1901.